TA 


TRANSLATION 


COLLECTION  OF  LAWS  REFERRING  TO 
PUBLIC  WORKS  IN  PUERTO  RICO. 


(1896.) 


AYAB  DEPARTMENT, 

D1VISIOS  OF  CUSTOMS  AND  INSULAK  AFFAIRS, 
1899. 


"WASHINGTON": 

GOVERNMENT    FEINTING    OFFICE. 
1899. 


GIFT  OF 


T 

TRANSLATION 


OF 


COLLECTION  OF  LAWS  REFERRING  TO 
PUBLIC  WORKS  IN  PUERTO  RICO. 


(1896.) 


WAR   DEPARTMENT, 

DIVISION   OF  CUSTOMS  AND  INSULAR  AFFAIBS, 
1899. 


WASHINGTON: 

GOVERNMENT   PRINTING   OFFICE, 
1899, 


GENERAL  GOVERNMENT  or  THE  ISLAND  OF  PUERTO  Eico, 

OFFICE  OF  THE  SECRETARY, 

Bureau  of  Public  Works,  Civil  Construction,  Forests  and  Mines. 
The  following  Royal  Order,  Ko.  233,  dated  May  21  last,  is  sent  to  this 
General  Government  by  the  Colonial  Department: 

YOUR  EXCELLENCY:  Under  this  date,  His  Majesty  the  King  (whom  God  preserve), 
has  been  pleased  to  issue  the  following  Royal  Decree : 

"  ARTICLE  1.  In  Puerto  Rico  there  shall  govern  a  General  Law  of.Public  Works 
similar  to  that  decreed  for  the  Peninsula  on  the  13th  of  April,  1877. 

"  ARTICLE  2.  The  Colonial  Secretary  shall  draft  the  regulations  for  the  execution 
of  this  law  and  shall  report  this  decree  to  the  Cortes." 

Which  is  sent  to  Your  Excellency  by  Royal  Order,  accompanied  by  the  law  approved 
by  said  Royal  Decree. 

And  in  compliance  with  the  superior  order  of  Tour  Excellency, 
dated  the  13th  of  the  present  month,  it  is  published,  together  with  said 
law,  for  general  knowledge. 
Puerto  Kico,  June  22, 1881. 

FRANCISCO  FONTANALS  Y  MARTINEZ, 

Secretary  of  the  General  Government. 

3 


oo  4  *y  L>  o 


GENERAL  LAW  OF  PUBLIC  WORKS  FOR  THE  ISLAND 
OF  PUERTO  RICO. 


CHAPTER  I. 

CLASSIFICATION  OF  THE  WORKS. 

ARTICLE  1.  Public  works,  for  the  purposes  of  this  law,  shall  be 
understood  to  be  those  which  are  of  general  use  or  service,  and  such 
constructions  as  are  devoted  to  the  service  and  are  in  charge  of  the 
State,  of  the  Provinces,  and  of  the  towns. 

In  the  first  group  are  included  roads — ordinary  as  well  as  railroads — 
ports,  light-houses,  great  irrigation  canals,  navigation  canals,  and  the 
works  necessary  to  the  disposition,  use,  and  police  of  waters,  the  reten- 
tion of  rivers  within  their  beds,  draining  of  lakes  and  marshes,  and 
sanitation  of  lands.  And  the  second  group  shall  include  public  build- 
ings devoted  to  service  depending  on  the  Colonial  Department. 

ART.  2.  The  examination  and  approval  of  the  projects,  supervision 
of  the  construction  and  preservation  of  the  public  works,  their  police 
and  use,  shall  always  be  dependent  on  the  Administration,  in  which- 
soever of  its  central  powers,  and  on  the  provincial  and  municipal 
Administrations. 

ART.  3.  Public  works,  both  in  relation  to  their  plans  and  their  con- 
struction, operation,  and  preservation,  may  be  charged  to  the  State,  to 
the  Province,  to  Municipalities,  or  to  individuals  or  companies. 

ART.  4.  There  are  in  charge  of  the  State: 

First.  The  highroads  which  are  included  in  the  general  plan  of  those 
which  have  to  be  taken  care  of  with  general  funds. 

Second.  The  work  of  retaining  within  their  beds  and  making  naviga- 
ble the  principal  rivers. 

Third.  Ports  of  commerce  of  general  interest,  as  well  as  those  of 
refuge,  and  military  ports. 

Fourth.  Light- houses  and  buoys. 

Fifth.  The  drainage  of  great  marshes,  lakes,  and  inlets  belonging  to 
the  State. 

Sixth.  The  construction,  preservation,  and  operation  of  those  rail- 
roads of  great  national  interest  which,  because  of  high  considerations 
of  government,  shall  not  be  turned  over  to  individuals  or  companies. 

Seventh.  All  other  railroads  of  general  interest,  in  so  far  as  concerns 
the  concession,  examination  and  approval  of  plans,  and  superintend- 

5 


» *  ^  3  ^        6 

•\     «1      i»          ^»  -,  V 

ence,  ixi  order  to-  see  that  the;rr  are  constructed  and  operated  in  the 
safest  and  most  proper  n?ahney;' 

Eighth.  The  construction  and  preservation  of  civil  buildings  neces- 
sary to  the  service  of  the  Administration. 

(Article  1  of  the  Eegulations.) 

ART.  5.  There  are  in  charge  of  the  Province: 

First.  The  roads  included  in  the  plan  of  those  which  have  to  be 
attended  to  with  provincial  funds. 

Second.  The  ports  within  its  territory,  which,  not  being  included  in 
the  third  paragraph  of  Article  4,  offer  greater  advantages  than  those  of 
a  given  locality. 

Third.  The  sanitation  of  lakes,  marshes,  and  inundated  lands  in 
which  the  Province  is  interested,  and  which  are  not  included  in  the 
fifth  paragraph  of  said  Article  4. 

Fourth.  The  construction  and  preservation  of  the  buildings  neces- 
sary for  the  service  of  the  Provincial  Administration. 

(Article  56  of  the  Regulations.) 

ART.  6.  There  are  in  charge  of  the  Municipalities: 

First.  The  construction  and  preservation  of  local  roads  included  in 
the  plan  of  those  which  have  to  be  taken  care  of  with  municipal  funds. 

Second.  The  works  for  supplying  water  to  towns. 

Third.  The  drainage  of  lakes  and  unhealthy  lands  which  are  not 
included  in  the  fifth  paragraph  of  Article  4,  nor  in  the  third  paragraph 
of  Article  5,  and  which  affect  one  or  more  towns. 

Fourth.  Ports  of  merely  local  interest. 

Fifth.  The  construction  and  preservation  of  the  buildings  necessary 
for  the  service  of  the  municipal  Administration. 

The  works  necessary  to  make  the  streets,  squares,  and  boulevards  of 
the  towns  thoroughfares. 

(Articles  90  and  91  of  the  Eegulations.) 

ART.  7.  The  following  may  be  in  charge  of  individuals  or  companies, 
in  accordance  with  the  general  provisions  of  this  law  and  the  special 
provisions  for  each  class  of  works : 

First.  Highroads  and  railroads  in  general. 

Second.  Ports. 

Third.  Irrigation  and  navigation  canals. 

Fourth.  Drainage  of  lakes  and  marshes. 

Fifth.  Sanitation  of  unhealthy  lands. 

Sixth.  Water  supply  of  towns. 

(Article  90  of  the  Eegulations.) 

CHAPTER  IT. 

ADMINISTRATION  AND  ECONOMIC    MANAGEMENT    OF  PUBLIC  WORKS. 

ART.  8.  The  following  shall  be  in  charge  of  the  Colonial  Secretary: 
First.  All  that  refers  to  the  plans,  construction,  preservation,  repair, 
and  police  of  the  highroads  in  charge  of  the  State. 


Second.  All  that  concerns  the  method  and  form  of  the  constitution 
of  partnerships  or  companies  which  may  demand  concessions  of  rail- 
roads of  general  interest,  the  granting  of  these  concessions  and  privi- 
leges corresponding  thereto,  the  examination  and  approval  of  the  plans, 
and  the  service  for  the  inspection  which  the  State  shall  exercise  in  the 
construction,  preservation,  operation,  and  police  of  said  railroads. 

Third.  All  that  refers  to  the  construction  and  operation  of  those 
railroads  of  great  public  interest  which,  according  to  paragraph  6  of 
Article  4,  are  declared  by  special  laws  to  be  in  charge  of  the  State. 

Fourth.  Irrigation  and  navigation  canals  which  may  also  be  in 
charge  of  the  State,  in  whatever  relates  to  the  drafting  of  plans,  to 
works  of  construction,  preservation,  and  improvement,  and,  finally,  to 
the  technical  part  of  the  distribution  of  the  water  and  the  policing  of 
the  navigation. 

Fifth.  The  management  and  police  of  public  waters,  of  rivers,  tor- 
rents, lakes,  streams,  canals  of  artificial  currents 5  the  works  relative 
to  navigation,  river  navigation,  to  the  defenses  of  the  border  of  the 
rivers  and  lowlands  exposed  to  be  swept  away  or  inundated;  the  drain- 
ing of  public  waters,  sanitation  of  marshy  lands,  and,  finally,  the 
technical  policing  of  inland  navigation. 

Sixth.  The  works  of  construction,  preservation,  and  repair  of  the 
ports  in  charge  of  the  State,  and  the  technical  policing  of  the  same. 

Seventh.  The  light-houses  and  all  classes  of  maritime  signals  and 
buoys  on  the  coast. 

Eighth.  Everything  in  connection  with  the  construction,  building  of 
additions,  improvement,  and  preservation  of  the  civil  buildings  devoted 
to  services  dependent  upon  the  Colonial  Department,  and  with  those 
constructions  which  have  the  character  of  artistic  and  historic  monu- 
ments. 

Ninth.  The  inspection  of  public  works  which  are  in  charge  of  the 
Province  or  the  Municipalities. 

(Articles  78,  89,  101,  and  120  of  the  Eegulations.) 

ART.  9.  The  Secretary  of  War  shall  have  charge  of  everything  in 
connection  with  the  public  buildings  devoted  to  the  service  depending 
on  said  Department. 

ART.  10.  The  Provincial  Administration,  according  to  the  Organic 
Law,  shall  have  charge  of — 

First.  The  highways  which,  according  to  this  Law,  are  in  charge  of 
the  Province,  as  well  as  those  which  have  to  be  provided  for  wholly 
with  provincial  funds  in  matters  relative  to  the  studies,  construction, 
preservation,  repair,  and  policing  of  said  highroads. 

Second.  Navigation  and  irrigation  canals  declared  to  be  exclusively 
of  provincial  interest,  the  technical  part  of  the  distribution  of  the 
water  and  of  the  policing  of  the  navigation. 

Third.  The  sanitation  of  lakes  and  marshy  lands  declared  of  exclusive 
interest  to  the  Province. 


8 

Fourth.  The  construction  and  improvement  of  the  buildings  having 
a  provincial  character  devoted  to  public  service,  and  the  preservation 
of  historic  and  artistic  monuments. 

(Article  56  of  the  Regulations.) 

ART.  11.  The  Municipal  Administration  shall,  in  accordance  with 
the  Organic  Laws,  have  charge  ot — 

First.  The  construction,  repair,  and  preservation  of  local  roads  paid 
for  by  Municipal  Councils,  or  which  should  be  in  charge  of  them,  accord- 
ing to  the  provisions  of  this  Law. 

Second.  The  water  supply  of  towns,  in  so  far  as  the  construction 
of  the  works  or  the  concession  of  the  same  to  private  enterprises  is 
concerned. 

Third.  The  drainage  of  lakes  or  unhealthy  lands  which  are  declared 
of  purely  local  interest. 

Fourth.  The  construction  and  preservation  of  ports  of  local  interest. 

Fifth.  The  construction  and  improvement  of  buildings  devoted  to  the 
public  service,  and  the  preservation  of  historic  and  artistic  monuments. 

(Article  91  of  the  Eegulations.) 

ART.  12.  The  public  works  which  have  to  be  paid  for  with  funds  of 
the  State  shall  be  executed  subject  to  the  credits  voted  in  the  general 
budgets  or  in  special  laws. 

ART.  13.  In  all  the  annual  or  general  budgets  of  the  State  there 
must  appear  exactly  the  amounts  necessary  for  the  preservation  of 
actually  existing  public  works,  which  are  in  charge  of  the  Colonial 
Department,  as  well  as  those  which  the  economic  resources  will  permit, 
for  carrying  on  those  already  commenced  and  for  undertaking  other 
'new  ones. 

ART.  14.  No  amount  whatever  can  be  expended  in  public  works  of 
the  State  in  this  Island,  under  the  Colonial  Department,  except  in 
accordance  with  a  project  duly  approved,  according  to  the  provisions 
of  the  present  law. 

ART.  15.  In  the  annual  budgets  of  the  Province  there  must  be 
included  exactly  the  amounts  which  maybe  necessary  for  the  preserva- 
tion of  such  actually  existing  works,  as  are  in  charge  of  the  Province, 
as  well  as  whatever  the  resources  of  the  said  Province  may  permit  for 
the  prosecution  of  those  already  begun,  and  for  the  undertaking  of 
other  new  ones. 

(Article  64  of  the  Eegulations.) 

ART.  16.  No  other  provincial  public  work  can  be  undertaken  except 
in  accordance  with  a  project  previously  approved  by  the  Deputation, 
after  report  of  the  Chief  Engineer  of  the  Province: 

(Articles  58,  59,  and  120  of  the  Regulations.) 

ART.  17.  In  the  municipal  budgets  there  shall  appear  precisely  the 
amounts  necessary  for  the  preservation  of  public  works,  which  are  in 
charge  of  Municipal  Councils,  as  well  as  what  the  resources  of  the 


9 

Municipality  may  permit  for  the  prosecution  of  those  already  com- 
menced and  for  the  undertaking  of  other  new  ones. 

(Article  99  of  the  Regulations.) 

ART.  18.  No  other  municipal  public  work  can  be  undertaken  without 
a  project  previously  approved  by  the  Governor  of  the  Province,  after 
hearing  the  Chief  Engineer  of  the  same. 

(Article  93  of  the  Regulations.) 

ART.  19.  In  the  execution  of  all  public  works  there  must  be  observed, 
in  so  far  as  the  investment  of  general  provincial  or  municipal  funds  is 
concerned,  the  rules  established  in  the  Law  of  Accounting  and  in  the 
organic  laws  of  the  Deputation  and  the  Municipal  Councils  of  this 
Island,  as  well  as  in  the  provisions  of  the  Royal  Decree  of  the  27th  of 
February,  1852,  in  force  for  contracting  public  works,  when  they  are  to 
be  executed  by  contract. 

CHAPTER  III. 

WORKS  PAID  FOR  BY  THE   STATE. 

ART.  20.  The  Colonial  Department  shall,  at  the  proper  time,  formu- 
late the  general  plan  of  public  works  which  have  to  be  paid  for  by  the 
State,  presenting  the  respective  drafts  of  the  law  in  which  these  are 
determined  and  classified,  in  their  order  of  preference,  to  the  Cortes. 

(Article  2  of  the  Regulations.) 

ART.  21 .  The  Government  can  not  undertake  any  public  work  for 
which  there  has  not  been  provision  made  in  the  budgets,  assigning 
the  proper  credit.  In  any  other  case,  in  order  to  undertake  a  work,  it 
shall  be  necessary  for  the  Government  to  be  ^authorized  to  do  so  by  a 
special  law.  From  this  requisite  are  excepted  works  of  mere  repair,  as 
well  as  those  of  new  construction  which  shall  be  declared  of  admitted 
urgency  by  the  Colonial  Department  or  its  delegates,  after  report  of 
the  Consulting  Board  of  Roads,  Canals,  and  Ports,  and  of  the  full 
Council  of  State. 

(Articles  9, 10,  11,  and  12  of  the  Regulations.) 

The  Colonial  Secretary  shall  himself  make  use  of  the  privilege  to 
declare  a  work  of  admitted  urgency  which  this  article  confers  on  him, 
when  its  value  exceeds  two  thousand  pesos.  If  the  amount  should  be 
less,  the  Governor- General  may  authorize  its  execution,  after  report  of 
the  Chief  Engineer  of  the  Province  and  of  the  Administrative  Council 
which  hears  disputes,  immediately  reporting  it  to  the  Government. 

ART.  22.  No  amounts  whatsoever  shall  be  included  in  the  general 
budgets  of  the  State  for  public  works  which  are  not  included  in  the 
plans  referred  to  in  Article  20,  unless  the  Government  has  been  author- 
ized to  do  so  by  a  special  law.  In  any  case,  in  order  to  include  the 
value  of  a  work  in  the  general  budget,  it  shall  be  necessary  that  there 
be  a  previous  study  made  and  that  the  project  receive  the  proper 
approval. 


10 

Concerning:  works  of  preservation  and  repair,  it  shall  be  sufficient 
that  the  general  credit  for  this  purpose  be  included  in  the  budgets  of 
the  State  existing  at  the  time  in  which  these  works  are  to  be  executed. 

(Article  13  of  the  Eegulations.) 

ART.  23.  With  the  legislative  credits,  the  Government  may  order  the 
study  of  public  works,  the  execution  of  which  it  deems  convenient,  in 
compliance  with  the  provisions  of  the  two  preceding  articles. 

(Articles  3,  4,  5,  6,  7,  8,  9,  10,  11,  and  12  of  the  Eegulations.) 

ART.  24.  The  Government  may  impose  assessments  and  taxes  for  the 
use  of  works  which  are  building  with  general  funds,  without  prejudice 
to  the  rights  which  may  have  been  acquired,  and  making  report  thereof 
to  the  Cortes. 

ART.  25.  The  Government  may  construct  the  works  in  charge  of  the 
State  by  management  or  by  contract.  The  first  method  shall  be  applied 
only  to  those  works  which  can  not  be  contracted  for  because  of  their 
special  conditions,  or  because  they  can  not  be  easily  provided  for  in  the 
budgets,  on  account  of  the  predomination  of  the  hazardous  parts  in 
them,  or  for  any  other  reason. 

(Article  14  of  the  Eegulations.) 

ART.  26.  The  Government  may  contract  for  public  works  of  which  it 
may  be  in  charge: 

First.  By  obligating  itself  to  pay  the  value  of  the  works,  according  as 
they  are  being  constructed,  at  the  times  and  in  the  manner  which  may 
be  determined  on  in  the  special  provisions  of  each  contract,  and  in  the 
general  conditions  which  should  be  contained  in  all  those  referring  to 
this  service. 

Second.  By  granting  to  contractors  the  right  to  dispose  of,  for  a  speci- 
fied time,  the  proceeds  of  the  assessments  which  may  have  been  estab- 
lished tor  the  use  of  the  work,  according  to  the  provisions  of  Article  24 
of  the  present  law. 

Third.  By  combining  the  two  methods  referred  to. 

(Article  17  of  the  Eegulations.) 

ART.  27.  When  the  works  which  the  State  has  constructed  may  be 
operated  with  profit,  this  shall  be  done  by  means  of  a  contract  awarded 
after  public  bidding,  excepting  in  the  cases  in  which,  because  of  special 
circumstances,  it  is  declared  proper  that  the  Government  shall  take 
charge  thereof.  This  declaration  shall  be  made  by  a  decree  issued  by 
the  Colonial  Department,  after  hearing  the  Consulting  Board  of  Eoads, 
Canals,  and  Ports,  and  the  Division  of  Public  Works  of  the  Council  of 
State. 

(Articles  6  and  54  of  the  Eegulations.) 

ART.  28.  In  the  works  which  are  executed  at  the  expense  of  the 
State  in  the  manner  indicated  in  the  second  and  third  paragraphs  of 
Article  26,  the  prices  which  are  fixed  for  the  use  and  operation  of  said 
works,  shall  not  exceed  the  schedule  of  rates  in  accordance  with  which 
the  award  may  have  been  made;  but  these  rates  may  be  reduced,  if 


11 

the  persons  to  whom  the  award  has  been  made  shall  deem  it  conven- 
ient, subject  to  the  conditions  which  are  prescribed  in  the  contract. 

ART.  29.  In  the  articles  of  conditions  of  each  contract  shall  be  in- 
cluded the  gratuitous  services  which  those  to  whom  the  contract  has 
been  awarded  must  render,  and  the  special  rates  for  different  public 
services. 

ART.  30.  The  study  of  the  projects,  the  direction  of  the  works  which 
are  executed  by  management,  and  the  supervision  of  those  which  are 
constructed  by  contract  shall,  in  all  cases  where  the  works  are  in  charge 
of  the  State,  be  carried  on  by  the  Corps  of  Engineers  of  Roads,  Canals, 
and  Ports.  The  Government,  through  the  same  Engineers,  shall  carry 
on  the  inspection  of  provincial  and  municipal  works  which,  according  to 
the  ninth  paragraph  of  Article  8  of  the  present  Law,  is  attributed  to  it. 

For  civil  constructions,  the  Governor  may  appoint  architects  having 
professional  degrees,  who  shall  be  at  the  orders  of  the  Chief  Engineer 
of  the  Province. 

(Articles  15  and  18  of  the  Regulations.) 

ART.  31.  Contractors  shall  be  at  liberty  to  select  such  persons  as  they 
may  deem  proper  for  the  direction  of  the  works  which  they  obligate 
themselves  to  construct,  who  shall  in  all  cases  exercise  their  duties 
under  the  surveillance  and  inspection  of  the  Government  agents,  as 
provided  for  in  the  previous  article. 

ART.  32.  Contractors  of  State  works,  their  employees  and  laborers, 
shall  have  the  local  benefits  of  the  use  of  firewood,  pasturage,  and  other 
rights  which  the  inhabitants  of  the  town  within  the  district  in  which 
said  works  are  included  may  enjoy. 

ART.  33.  The  works  of  preservation  and  repair  which  are  necessary 
for  works  in  charge  of  the  State,  shall  be  carried  on  by  the  Colonial 
Department,  adjusting  themselves  to  the  credits  which  shall  have  been 
assigned  for  that  purpose  in  the  general  budgets,  in  accordance  with 
the  provisions  of  Article  13  and  of  paragraph  2  of  Article  22  of  this 
Law. 

(Article  8  of  the  Regulations.) 

CHAPTER  IV. 

PROVINCIAL  WORKS. 

ART.  34.  There  shall  be  established  in  this  Island,  after  the  proceed- 
ings which  the  Regulations  may  provide,  the  plans  of  public  works 
which,  in  accordance  with  Article  5  of  this  Law,  shall  be  in  charge  of 
the  Provincial  Deputation. 

These  plans,  in  which  the  works  shall  be  classified,  showing  the  order 
of  preference  in  which  they  should  be  constructed,  shall  be  submitted 
for  the  approval  of  the  Colonial  Secretary. 

(Articles  56,  57,  and  58  of  the  Regulations.) 


12 

ART.  35.  No  works  shall  be  undertaken  at  the  expense  of  provincial 
funds,  unless  there  be  included  the  proper  credit  for  this  purpose  in 
the  budget  of  expenses  of  the  Province. 

ART.  36.  In  order  that  the  appropriation  for  a  public  provincial  work 
be  included  in  the  general  expenses  of  the  Province,  it  shall  be  neces- 
sary that  said  work  be  included  in  one  of  the  plans  referred  to  in  Arti- 
cle 34,  and  that  its  project  be  previously  and  duly  approved  in  the 
manner  prescribed  by  Article  16  of  the  present  Law. 

Exception  is  made,  however,  of  cases  of  admitted  urgency,  in  which, 
after  declaration  of  the  Colonial  Secretary,  and  after  the  proceedings 
provided  for  by  the  Kegulations  have  taken  place,  the  necessary  credit 
for  the  execution  of  the  work  in  question  may  be  included  in  the  budget 
of  the  expenses  of  the  Province.  But  even  in  these  special  cases  the 
proceedings  of  the  study  of  the  project  and  its  approval  must  always 
have  been  first  had,  in  accordance  with  the  provisions  of  said  Article 
16,  and  also  the  declaration  of  public  utility  which  should  be  made  in 
accordance  with  the  provisions  of  the  present  law. 

(Articles  60,  62,  and  63  of  the  Regulations.) 

ART.  37.  With  the  credits  which  shall  be  included  in  the  provincial 
budget  the  Deputation  may  decide  that  the  study  of  such  public  works 
in  their  charge  as  they  may  deem  proper,  shall  be  made  in  accordance 
with  the  provisions  of  the  two  preceding  articles. 

ART.  38.  The  Provincial  Deputation  may  impose  taxes  for  the  use  of 
the  work  in  its  charge  in  order  to  reimburse  itself  for  the  amount  which 
it  may  have  devoted  to  that  purpose.  The  imposition  of  these  taxes 
shall,  in  all  cases,  be  submitted  for  the  approval  of  the  Government. 

(Articles  65  and  87  of  the  Kegulations.) 

ART.  39.  The  Deputation  may  execute  its  works  by  management  or 
by  contract,  proceeding  in  each  case  as  provided  by  Articles  25  to  29, 
both  inclusive,  of  the  present  Law,  in  the  manner  prescribed  therein 
concerning  the  works  in  charge  of  the  State. 

(Articles  60  and  61  of  the  Regulations.) 

ART.  40.  The  projects,  direction,  and  supervision  of  the  works  which 
are  executed  with  provincial  funds  shall  be  carried  on  by  Engineers 
of  Eoads,  or  by  Assistants  of  Public  Works.  Civil  constructions  may 
be  in  charge  of  architects  who  have  their  professional  degree. 

Among  the  conditions  established  in  each  case  shall  be  the  naming 
of  these  technical  agents  by  the  Provincial  Deputation. 

(Articles  61, 66, 67, 68,  and  71  of  the  Regulations.) 

ART.  41.  Contractors  of  provincial  works  may  entrust  the  direction 
of  the  same  to  such  persons  as  they  may  deem  proper,  keeping  in  mind 
the  provisions  of  Article  31  concerning  the  works  of  the  State;  and 
these  persons  shall  have  the  benefits  allowed  by  Article  32  to  those 
who  contract  for  works  which  shall  be  executed  with  general  funds. 

ART.  42.  The  works  of  preservation  and  repair  which  may  be  neces- 
sary for  the  works  which  are  in  charge  of  the  Province,  shall  be  carried 


13 

on  with  reference  to  the  credits  which,  as  provided  in  Article  15  of  the 
present  Law,  shall  appear  in  the  provincial  budgets. 

(Article  64  of  the  Kegnlations.) 

ART.  43.  Provincial  public  works  shall  be  inspected  by  the  Govern- 
ment, in  accordance  with  the  provisions  of  this  Law,  whenever  the 
Colonial  Secretary  or  the  Governor-General  thus  orders,  which  shall  at 
least  be  when  they  are  finished  and  before  they  are  turned  over  to 
public  use. 

(Articles  69  and  70  of  the  Regulations.) 

CHAPTER  V 

MUNICIPAL  WORKS. 

ART.  44.  Municipal  Councils  shall,  by  the  proceedings  prescribed  by 
the  Eegulations,  formulate  the  plans  of  public  works  which  may  be 
in  their  charge,  which  shall  be  submitted  for  the  approval  of  the  Gov- 
ernor of  the  Island.  If  from  the  decision  of  said  authority  approving 
or  disapproving  these  plans  there  should  be  any  appeal,  the  entire  pro- 
ceedings shall  be  sent  to  the  Colonial  Secretary,  who  shall  definitely 
decide. 

(Articles  91,  92,  and  93  of  the  Eegulations.) 

ART.  45.  No  municipal  work  can  be  carried  out  if  in  the  budget  of 
the  respective  Municipal  Council  there  shall  not  be  a  credit  assigned 
for  this  purpose,  in  the  manner  prescribed  by  the  Laws  and  Eegulations. 

(Article  93  of  the  Eegulations.) 

ART.  46.  In  order  that  the  appropriation  for  a  municipal  work  may 
appear  in  the  budget  of  the  proper  Municipal  Council,  it  is  necessary 
that  said  work  be  included  in  one  of  the  plans  referred  to  in  Article 
44,  and  that  its  project  shall  have  been  duly  approved  in  the  manner 
prescribed  by  Article  18  of  the  present  Law.  Exception  is  made  in 
cases  of  admitted  urgency,  when,  after  the  Governor  has  declared  it, 
and  after  the  Provincial  Deputation  has  been  heard,  and  with  the 
right  of  appeal  to  the  Governor  on  the  part  of  the  Municipal  Council 
interested,  there  may  be  included  in  the  Municipal  budget  the  credit 
necessary  for  the  execution  of  the  work.  Even  in  such  cases  a  plan 
must  have  previously  been  drawn  and  the  project  approved,  and  the 
declaration  of  public  utility  of  the  works  made,  in  conformity  with  the 
provisions  of  the  present  Law. 

(Articles  95  and  96  of  the  Eegulations.) 

ART.  47.  Municipal  Councils  may  impose  assessments  and  taxes  on 
the  works  which  are  executed  at  their  cost,  in  order  to  reimburse  them- 
selves for  the  amount  which  they  may  have  expended.  For  the  impo- 
sition of  these  taxes  the  authorization  of  the  Government  shall  be 
necessary,  which,  in  order  to  grant  it,  shall  first  hear  the  report  of  the 
Governor  of  the  Island. 

(Articles  98  and  119  of  the  Eegulations.) 


14 

ART.  48.  Municipal  Councils  may  construct  their  works  by  manage- 
ment or  by  contract,  subject  to  the  provisions  of  the  present  Law 
concerning  this  matter,  in  connection  with  the  works  in  charge  of  the 
State  and  of  the  Province. 

(Article  94  of  the  Eegulations.) 

ART.  49.  For  the  drafting  of  projects,  direction  and  supervision  of 
the  works  which  have  to  be  constructed  with  municipal  funds,  Munici- 
pal Councils  may  name  the  person  whom  they  believe  best  fitted  there- 
for, provided  he  has  the  necessary  professional  degree  to  accredit  his 
ability. 

(Articles  100  and  102  of  the  Eegulations.) 

ART.  50.  The  works  of  preservation  and  repair,  which  are  necessary 
for  works  in  charge  of  Municipal  Councils,  shall  be  carried  out  without 
any  other  limitation  than  that  they  must  come  within  the  credits, 
which,  in  accordance  with  Article  17,  shall  be  contained  in  the  munic- 
ipal budgets  for  that  purpose. 

(Article  99  of  the  Eegulations.) 

ART.  51.  Eoads  of  communication  and  other  public  works,  which  are 
constructed  at  the  expense  of  Municipal  Councils,  shall  be  inspected 
by  the  technical  agents  of  the  Government  whenever  the  Governor 
may  deem  this  proper,  and  in  all  cases  shall  be  submitted  to  the  inspec- 
tion of  these  agents,  before  being  turned  over  to  public  use. 

From  this  provision  are  excepted  the  ordinary  building  of  paths  and 
local  roads. 

(Articles  101  and  110  of  the  Eegulations.) 

CHAPTER  VI. 

WORKS    EXECUTED    BY    INDIVIDUALS    FOR    WHICH    NO    SUBSIDY  OR 
OCCUPATION   OF   THE   PUBLIC   DOMAIN   IS   ASKED. 

(Articles  89,  90,  and  120  of  the  Eegulations.) 

ART.  52.  Individuals  and  companies  may  construct,  without  further 
restrictions  than  those  imposed  by  the  Police,  Safety,  and  Public  Health 
Eegulations,  any  work  whatsoever  of  private  interest  which  does  not 
occupy  or  affect  the  public  domain  or  that  of  the  State,  or  which  does 
not  demand  the  exercise  of  the  right  of  eminent  domain  over  private 
property. 

ART.  53.  Individuals  and  companies  may  also  build  and  operate 
public  works  devoted  to  general  use,  and  the  others  which  are  enumer- 
ated in  Article  7  of  this  Law,  when  given  the  right  to  do  so  by 
concession. 

ART.  54.  Said  concessions,  providing  that  no  subsidy  or  constant 
occupation  of  the  public  domain  is  requested,  or  that  they  do  not 
destroy  the  plans  which  are  referred  to  in  Articles  20,  34,  and  44,  shall 
be  granted  by  the  Colonial  Department,  by  the  Provincial  Deputation, 
or  by  the  Municipal  Council,  respectively,  in  whose  charge  the  works 


15 

may  be.  The  concessions  of  works  for  which  no  subsidy  is  requested, 
but  which  destroy  the  plans  of  the  works  in  charge  of  the  State, 
referred  to  in  Article  20,  can  not  be  granted  except  by  means  of  a  law. 
In  the  same  case  those  which  destroy  the  plans  of  municipal  or  pro- 
vincial works,  referred  to  in  Articles  20  and  44,  can  not  be  granted 
except  by  means  of  Eoyal  Decrees  issued  by  the  Colonial  Department. 

(Articles  19,  72,  73,  103,  and  104  of  the  Eegulations.) 

ART.  55.  In  all  cases  the  concessions  referred  to  in  the  preceding 
article  shall  not  be  granted  for  more  than  ninety-nine  years,  unless  the 
very  character  of  the  work  should  demand  a  longer  period,  which  shall 
always  be  granted  by  a  law.  When  the  time  of  the  concession  has  run, 
the  work  shall  become  the  property  of  the  State,  of  the  Province,  or  of 
the  Municipality  in  whose  charge  it  might  be.  Every  concession  shall 
be  granted  without  prejudice  to  third  parties,  and  protecting  the 
interests  of  private  persons. 

ART.  56.  In  order  that  a  concession  to  an  individual  or  company  of 
a  work  in  the  cases  referred  to  in  Article  54  may  be  granted,  there 
shall  be  necessary  a  project  with  all  the  facts  which,  according  to  the 
provisions  of  the  Eegulations,  may  be  necessary  to  form  a  judgment  of 
the  work,  of  its  objects,  and  of  the  advantages  which  will  inure  to  the 
general  interests  from  its  construction. 

(Articles  20,  21,  22,  74,  and  105  of  the  Eegulations.) 

ART.  57.  In  order  to  form  the  project  referred  to  in  the  preceding 
article,  the  petitioner  may  request  of  the  Colonial  Department,  of  the 
Governor- General,  or  of  the  proper  corporations  the  necessary  authori- 
zation. 

This  authorization  shall  carry  with  it: 

First.  The  power  to  ask  for  the  protection  and  aid  of  the  authorities. 

Second.  The  power  to  enter  the  private  property  of  another  in  order 
to  make  the  studies,  after  having  received  the  permission  of  the  owner, 
manager,  or  attendant  who  may  reside  on  the  property  or  near  it,  and 
otherwise,  or  when  this  is  not  granted,  on  the  permission  of  the  Alcalde, 
who  shall  always  grant  it  when  there  is  security,  by  means  of  a  reason- 
able sum,  for  the  immediate  payment  of  the  damages  which  may  arise. 

(Articles  20,  21,  74,  and  105  of  the  Eegulations.) 

ART.  58.  Individuals  or  companies  which  ask  to  construct  or  operate 
a  public  work,  shall  direct  their  petition  to  the  Colonial  Secretary,  to 
the  Governor-General,  or  to  the  corporation  which  in  each  case  has 
power  to  grant  the  concession,  accompanied  by  the  project  mentioned 
in  Article  56,  and  also  by  a  document  showing  that  there  has  been 
deposited,  as  a  guarantee  of  the  proposal,  1  per  cent  of  the  estimate 
of  said  work. 

(Articles  23,  75,  and  106  of  the  Eegulations.) 

ART.  59.  The  Government,  in  cases  in  which  it  has  the  right  to 
do  so  in  accordance  with  Article  54,  shall  grant  the  concession,  after 
consulting,  in  order  better  to  form  its  judgment,  the  reports  which  con- 


16 

cern  each  kind  of  works  which  may  be  established  by  special  laws  and 
by  the  Eegulations,  there  being  necessary  as  an  indispensable  requisite 
for  the  approval  of  the  project,  the  previous  opinion  of  the  Con  suiting 
Board  of  Eoads,  Canals,  and  Ports,  or  of  the  Eoyal  Academy  of  San 
Fernando,  as  the  case  may  be. 

When  according  to  the  provisions  of  said  article  a  concession  has  to 
be  granted  by  the  legislative  power,  the  Colonial  Secretary  shall  pre- 
sent to  the  Cortes  the  proper  form  of  law,  if  from  the  proceedings  there 
should  result  the  approval  of  the  convenience  of  carrying  out  the  work 
referred  to  in  the  petition. 

The  Provincial  Deputation  and  Municipal  Councils  shall  follow  the 
provisions  of  the  Eegulations  for  the  course  of  the  proceedings  to 
obtain  the  concession  which  they  may  have  power  to  grant,  in  accordance 
with  Article  54  of  the  present  Law. 

(Articles  24, 25, 26, 27,  76,  77, 107, 108,  and  109  of  the  Eegulations.) 

ART.  60.  As  a  general  rule,  there  shall  appear  in  the  terms  of  every 
concession,  the  following : 

First.  The  amount  which  shall  be  deposited  by  the  concessionaire  as 
a  guaranty  of  the  fulfillment  of  his  engagements,  which  shall  be  from 
3  to  5  per  cent  of  the  estimate  of  the  works. 

Second.  The  time  in  which  the  work  shall  begin  and  end. 

Third.  The  conditions  for  the  establishment  and  for  the  use  of  the 
works  which  in  each  case  may  be  deemed  convenient,  in  accordance 
with  the  laws. 

Fourth.  The  cases  of  forfeiture  and  the  consequences  of  this  for- 
feiture. 

(Articles  28, 29, 77, 109,  and  110  of  the  Eegulations.) 

ART.  61.  The  asking  of  subsidy  after  the  said  concession  has  been 
granted  shall  be  considered  as  a  case  of  forfeiture  of  a  concession 
included  in  Article  54.  When  by  means  of  a  law,  a  subsidy  or  an  aid 
with  public  funds  in  order  to  execute  the  work  shall  be  granted,  the 
subsidy  or  the  aid  shall  not  inure  directly  to  the  benefit  of  the  former 
concessionaire,  but  only  to  that  of  the  work  itself,  which  shall  be  imme- 
diately offered  to  public  bids  in  accordance  with  the  provisions  of  this 
Law  concerning  subsidized  works. 

(Article  29  of  the  Eegulations.) 

ART.  62.  When  more  than  one  petition  for  the  same  work  is  pre- 
sented, the  one  shall  be  preferred  which  offers  the  greatest  advantages 
to  the  public  interests.  In  order  to  determine  these  advantages  the 
Colonial  Department,  or  the  corporations  which,  in  a  proper  case,  have 
the  right  to  grant  the  concessions,  shall  proceed  to  obtain  the  reports 
provided  for  by  the  Eegulations. 

When  the  Colonial  Secretary  has  the  authority  to  grant  the  conces- 
sion, before  deciding  on  the  preference  between  the  petitions,  he  shall 
hear  the  corporation  interested  and  the  Department  of  Public  Works 
of  the  Council  of  State. 

(Articles  33,  80,  112, 113,  and  118  of  the  Eegulations.) 


17 

ART.  63.  If  from  the  reports  referred  to  in  the  preceding  article  it 
shall  appear  that  there  is  an  equality  among  the  proposals  made,  the 
concession  shall  be  granted  by  means  of  a  public  bidding,  in  which  not 
only  the  petitioners,  but  any  other  person  who  shall  prove  that  he  has 
made  the  deposit  of  1  per  cent  of  the  estimate  of  the  work,  may  take 
part. 

The  bidding  shall  be,  in  the  first  place,  on  the  reduction  of  the  rates 
of  operation,  and  if  in  these  there  should  result  an  equality  of  reduc- 
tions, then  in  the  period  of  the  concession.  The  one  to  whom  the  award 
is  made  shall  be  obliged  to  pay  to  the  signer  of  the  petition  which  may 
have  been  first  presented,  in  case  the  latter  shall  not  have  been  the 
best  bidder,  the  expenses  of  the  project,  according  to  the  expert 
appraisal  of  the  same  made  before  the  public  bidding. 

(Articles  34,  35,  36,  37,  38, 39, 81, 82, 113,  and  114  of  the  Eegulations.) 

ART.  64.  No  concession  of  a  public  work  asked  by  companies  or  indi- 
viduals, can  be  made  without  the  previous  publication  of  their  petition 
in  the  Gaceta  de  Puerto  Rico,  fixing  the  period  of  thirty  days  for  the 
admission  of  other  propositions  which  may  be  better  than  the  first. 

(Article  32  of  the  Eegulations.) 

ART.  65.  When  the  concession  of  a  public  work  is  made,  the  Govern- 
ment or  the  corporations  which  in  a  proper  case  may  have  granted  it, 
shall  supervise,  through  their  technical  agents,  the  construction  of 
the  work,  in  order  that  the  stipulated  conditions  may  be  observed. 
The  same  supervision  shall  be  observed  in  connection  with  the  opera- 
tion, when  the  works  have  been  completed  and  when  such  operation  is 
authorized  in  the  manner  prescribed  by  the  Eegulations. 

(Articles  40,  78,  and  110  of  the  Eegulations.) 

ART.  66.  The  concessionaire  may,  after  authorization  by  the  Colonial 
Department  or  the  corporation  which  may  have  granted  the  concession, 
alienate  the  works,  provided  that  the  grantee  shall  obligate  himself  in 
the  same  terms  and  with  the  same  guarantees  as  the  first  concession- 
aire, for  the  fulfillment  of  the  stipulated  conditions. 

ART.  67.  The  guarantee  referred  to  in  the  first  paragraph  of  Article 
60  shall  not  be  returned  to  the  concessionaire  until  he  has  proved  the 
construction  of  works  to  an  amount  equivalent  to  a  third  part  of  those 
included  in  the  concession.  Said  works  shall  then  take  the  place  of 
the  guaranty,  and  shall  be  liable  for  the  fulfillment  of  the  provisions 
of  the  concession. 

(Article  28  of  the  Eegulations.) 

ART.  68.  The  declaration  of  forfeiture  of  the  concession  of  a  public 
work  of  those  included  in  this  Chapter,  whenever  made,  shall  be  by  the 
Colonial  Department,  or  the  corporation  which  might  have  granted  it, 
and  always  after  proceedings  in  which  the  interested  party  must  be 
heard. 

(Articles  29,  30,  78,  and  111  of  the  Eegulations.) 

ART.  69.  The  forfeiture  of  the  concession  by  reason  of  infractions 
21690 2 


18 

imputable  to  the  concessionaire,  shall  always  carry  with  it  the  loss  of 
the  guaranty,  for  the  benefit  of  the  general  Provincial  or  Municipal 
Administration,  as  the  case  may  be. 

(Articles  31,  79,  and  111  of  the  Eegulations.) 

ART.  70.  If  on  the  declaration  of  forfeiture  the  construction  of  the 
work  shall  not  even  have  been  commenced,  the  Administration  shall  be 
relieved  of  all  agreements  with  the  concessionaire.  If  the  works  have 
already  been  commenced,  but  if  they  should  not  be  sufficient  in  order 
to  return  his  guaranty  to  the  concessionaire,  the  works  constructed 
shall  be  offered  to  public  bidding  for  a  period  of  three  months,  and  the 
basis  of  the  bids  shall  be  the  value  of  the  acquired  lands,  of  the  com- 
pleted works,  or  the  materials  thereon.  The  works  shall  be  awarded 
to  the  one  who  offers  most  for  them,  and  the  new  concessionaire  shall 
then  pay  to  the  first  the  amount  of  the  bid,  and  shall  be  subrogated  to 
him  in  all  his  rights  and  obligations.  In  both  cases  the  first  conces- 
sionaire shall  forfeit  his  guarantee. 

(Articles  37,  79,  and  111  of  the  Regulations.) 

ART.  71.  If  on  the  declaration  of  forfeiture  the  guaranty  shall  have 
been  returned,  the  works  completed  by  the  concessionaire  shall  in  the 
same  way  be  offered  to  public  bidding,  for  a  period  of  two  months,  on 
the  same  basis.  From  the  amount  offered  by  the  best  bidder,  who 
shall  be  declared  to  be  the  owner  of  the  concession,  the  Administra- 
tion shall  reserve  the  amount  of  the  returned  guaranty,  and  the 
difference,  should  there  be  any,  shall  be  turned  over  to  the  first  con- 
cessionaire. 

(Articles  31,  79,  and  111  of  the  Eegulations.) 

ART.  72.  In  the  cases  of  the  preceding  articles,  if  there  shall  not  be 
any  auction  by  reason  of  an  absence  of  bidders,  the  executed  work 
shall  again  be  put  up  for  public  bids  for  a  period  of  one  month,  on  the 
same  basis. 

If  the  concession  is  not  awarded  in  any  of  the  auctions,  the  State, 
province,  or  towns  which  may  have  granted  the  execution  of  the  works 
shall  take  charge,  and  shall  use  them  in  the  manner  deemed  conven- 
ient, without  the  right  to  any  claim  whatsoever  on  the  part  of  the  con- 
cessionaire whose  rights  shall  be  declared  forfeited. 

(Articles  31,  79,  and  111  of  the  Regulations.) 

ART.  73.  No  work  for  the  operation  of  which  there  may  be  necessary 
the  occupation  of  another  work  belonging  to  the  State,  the  Province, 
or  towns  can  be  granted  without  previous  public  bidding,  on  the  basis 
which  may  be  determined  for  this  purpose.  There  shall  be  reserved 
the  right  of  preference  on  equal  terms  to  the  petitioner,  and  when  the 
concession  is  not  granted  to  him  he  shall  be  paid,  by  the  one  to  whom 
it  is  awarded,  the  amount  of  the  project  according  to  expert  appraisal 
made  and  advertised  before  the  public  sale. 

(Articles  38,  82,  and  114  of  the  Eegulations.) 


19 
CHAPTER  VII. 

WORKS   SUBSIDIZED  WITH  PUBLIC  FUNDS,   BUT  WHICH  DO  NOT 
OCCUPY  THE  PUBLIC  DOMAIN. 

(Articles  89,  90,  and  120  of  the  Begulations.) 

ART.  74.  Whenever  a  subsidy  of  any  kind  is  requested  for  the  exe- 
cution, by  individuals  or  companies,  of  a  public  work  which  shall  not 
constantly  occupy  or  make  use  of  a  part  of  the  public  domain,  the  con- 
cession for  this  purpose,  when  the  subsidy  shall  be  given  by  a  Province 
or  some  Municipality,  shall  be  made  by  the  corporation  in  whose  charge 
the  works  are,  but  in  every  case  after  public  bidding  5  and  if  the  subsidy 
shall  come  from  the  State,  the  concession  shall  moreover  be  the  subject 
of  a  law. 

By  subsidy,  for  the  purposes  of  this  article,  is  understood  any  direct 
or  indirect  aid  whatsoever  from  the  public  funds,  including  the  exemp- 
tion from  customs  duties  on  material  which  is  to  be  introduced  from 
abroad,  which  exemption  must  always  be  granted  by  a  law. 

(Articles  73  and  104  of  the  Eegulations.) 

ART.  75.  The  concessions  referred  to  in  the  preceding  article  shall 
always  be  temporary,  and  can  not  exceed  ninety-nine  years,  When 
this  period  has  elapsed,  the  work  shall  become  the  property  of  the 
State,  Province,  or  town  which  may  have  granted  the  subsidy. 

ART.  76.  The  individuals  or  companies  who  request  a  subsidy  of 
public  funds  to  construct  a  work  of  those  referred  to  in  this  Chapter, 
may  ask  for  the  necessary  authorization  to  make  the  proposed  studies 
in  the  terms  and  with  the  rights  mentioned  in  Article  57  of  the  present 
Law.  The  petition  for  the  concession  shall  be  accompanied  by  a  com- 
plete project  of  the  works,  according  to  the  provisions  of  the  Eegula- 
tions, and  also  a  document  showing  that  the  petitioner  has  deposited, 
as  a  guaranty  for  the  fulfillment  of  the  propositions  which  he  may  have 
made  or  admitted  in  the  course  of  the  proceedings,  the  1  per  cent  of 
the  total  estimate  of  the  said  works. 

(Articles  41,  83,  and  115  of  the  Eegulations.) 

ART.  77.  The  Colonial  Department,  or  the  proper  corporation,  shall 
make  investigation,  as  determined  by  the  Eegulations,  in  order  to  prove 
the  utility  of  the  project.  If  the  work  referred  to  should  be  included  in 
the  plans  referred  to  in  Articles  20,  34,  and  44  of  this  Law,  it  shall  not 
be  necessary  to  make  this  investigation. 

(Articles  41,  83,  and  115  of  the  Eegulations.) 

ART.  78.  When  the  project  is  approved  in  the  manner  prescribed  by 
the  Eegulations;  when  the  work  has  been  gone  over  on  the  ground 
by  the  Engineers  of  the  State,  or  by  the  technical  officials  designated 
by  the  Deputation  or  Municipal  Councils,  according  to  circumstances, 
and  when  the  conditions  of  the  concession  are  mutually  accepted,  the 
Colonial  Secretary,  in  case  of  State  works,  shall  present  to  the  Cortes 
the  form  of  law  necessary  to  grant  it,  in  accordance  with  the  provisions 
of  Article  74. 


20 

(Articles  41,  42,  43,  and  84  of  the  Regulations.) 

ART.  79.  When  the  maximum  subsidy  which  may  be  given  for  the 
projected  work  has  been  fixed,  by  a  law  in  case  of  State  works,  or  by 
the  Deputation  or  the  proper  Municipal  Council  in  case  of  works  in 
charge  of  these  corporations,  the  concession  shall  be  offered  for  public 
bids  on  this  basis  for  three  months;  and  it  shall  be  awarded  to  the 
best  bidder,  with  the  obligation  to  pay  to  the  petitioner,  if  he  should 
not  be  given  the  award,  the  value  of  the  studies  of  the  project,  in 
accordance  with  the  expert  appraisal  made  and  announced  previously 
to  the  bidding  in  the  form  determined  by  the  Eegulations. 

(Articles  43,  44,  45,  52,  53,  84,  86,  and  116  of  the  Eegulations.) 

ART.  80.  In  order  to  take  part  in  the  bidding,  it  is  necessary  to 
prove  that  there  has  been  deposited,  as  a  guaranty  of  the  propositions 
which  are  presented,  the  1  per  cent  of  the  total  value  of  the  work, 
according  to  the  approved  estimate. 

(Articles  43,  84,  and  116  of  the  Eegulations.) 

ART.  81.  In  no  case  can  the  instrument  awarding  the  concession  be 
executed,  until  the  concessionaire  has  proved  that  he  has  deposited,  as 
a  guaranty  of  the  fulfillment  of  his  obligations,  5  per  cent  of  the 
estimated  value  of  the  works, 

If  the  concessionaire  allows  fifteen  days  to  pass  without  depositing 
the  guaranty,  the  award  shall  be  declared  to  be  without  effect,  with  the 
loss  of  the  deposit  referred  to  in  the  preceding  article,  the  concession  of 
the  work  being  again  put  up  for  public  bids  for  the  period  of  forty  days. 

The  guarantee  treated  of  in  this  article  shall  not  be  returned  to  the 
company  to  which  the  concession  is  granted  until  the  works  of  the  con- 
cession shall  be  completely  finished  and  in  condition  for  operation. 

(Articles  46,  85,  and  117  of  the  Eegulations.) 

ART.  82.  The  provisions  of  Article  65  of  the  present  law  concern- 
ing the  supervision  which  the  Administration  must  exercise  over  the 
works  during  their  construction  and  operation,  are  applicable  to  sub- 
sidized works. 

The  supervision  of  subsidized  works  shall  extend  also  to  the  economic 
and  mercantile  part  of  the  company  to  which  the  concession  is  granted, 
so  that  the  delivery  of  the  aids  or  subsidies  shall  be  made  in  proportion 
to  the  executed  works,  in  accordance  with  the  stipulated  provisions. 

(Articles  55  and  88  of  the  Eegulations.) 

ART.  83.  No  variation  or  modification  whatever  may  be  made  in  the 
project  which  shall  serve  as  the  basis  of  a  subsidized  concession  with- 
out a  competent  authorization  of  the  Colonial  Department  or  of  the 
corporation  which  might  have  granted  it. 

The  authorization  of  the  Colonial  Department,  in  connection  with 
works  subsidized  by  the  State,  can  not  be  granted  until  after  hearing 
the  proper  corporation  and  the  full  Council  of  State,  and  after  fulfilling 
the  other  requisites  required  by  the  Eegulations  for  the  execution  of 
this  law. 

(Articles  47  and  85  of  the  Eegulations.) 


21 

ART.  84.  When  in  consequence  of  the  variations  referred  to  in  the 
preceding  article  the  cost  of  the  works  is  diminished,  the  amount  of 
the  aid  or  subsidy  shall  be  reduced  proportionately  to  such  diminution. 

If  the  variations  or  modifications  should  result  in  increasing  the  cost, 
even  when  by  means  of  them  the  works  will  be  perfected  or  advantages 
obtained  in  their  use  or  operation,  the  subsidies  and  the  aids  granted 
by  the  law  of  concession  shall  not  for  these  reasons  be  increased,  unless 
the  contrary  shall  be  provided  for  by  special  law. 

(Articles  47  and  85  of  the  Eegulations.) 

ART.  85.  The  declaration  of  forfeiture  of  the  concession  shall  be  made 
by  the  Colonial  Department  in  all  cases  affecting  State  works,  and  in 
the  other  cases  by  the  Deputation  or  the  Municipal  Council  which,  in 
accordance  with  Article  74,  may  have  granted  such  concessions. 

Whenever  the  forfeiture  of  a  concession  with  subsidy  has  been  finally 
declared,  the  amount  of  the  guaranty  which,  in  accordance  with  Arti- 
cle 81,  may  have  been  required  from  the  concessionaire,  shall  remain 
for  the  benefit  of  the  State  or  of  the  proper  corporation. 

(Articles  48  and  85  of  the  Eegulations.) 

ART.  86.  Concessions  of  subsidized  public  works  shall  be  absolutely 
forfeited  if  the  work  shall  not  be  begun  or  terminated  entirely,  or  in 
the  parts  into  which  it  may  have  been  divided,  within  the  time  deter- 
mined on. 

Whenever  there  is  a  case  of  force  majeure,  and  it  is  duly  proved  by 
virtue  of  an  investigation  made,  as  provided  by  the  Eegulations,  the 
time  may  be  extended  for  that  absolutely  necessary.  If  the  subsidy 
comes  from  general  funds,  the  Colonial  Secretary  must  grant  the  exten- 
sion of  time,  after  hearing  the  Council  of  State. 

At  the  end  of  the  extension  the  concession  shall  be  forfeited,  if 
within  that  period  the  stipulations  are  not  carried  out. 

(Articles  49  and  85  of  the  Eegulations.) 

ART.  87.  When  by  the  fault  of  the  company  the  public  service  of  a 
subsidized  work  is  interrupted,  the  Colonial  Secretary,  the  Deputation, 
or  the  Municipal  Council,  as  the  case  may  be,  shall  immediately  adopt 
the  necessary  measures  to  assure  its  provisional  operation  at  the 
expense  of  the  concessionaire. 

Within  six  months  the  company  must  prove  that  it  has  sufficient 
resources  to  continue  the  operation,  which  it  may  assign  to  another 
company  or  to  a  third  person,  after  previous  special  authorization  of 
the  Government  or  the  proper  corporation.  If  even  by  these  means  the 
service  is  not  continued,  the  concession  shall  be  considered  forfeited. 

(Articles  50  and  85  of  the  Eegulations.) 

ART.  88.  From  the  resolution  of  the  Government  declaring  forfeiture, 
the,  concessionaire  may  appeal  by  the  administrative  jurisdiction  on 
contests,  within  the  period  of  two  months  from  the  day  on  which  he 
may  have  been  notified.  When  this  period  has  passed  without  an 
appeal  being  made,  the  decision  of  the  Government  shall  be  considered 
as  consented  to. 


22 

The  concessionaires  may  also  appeal  by  the  administrative  jurisdic- 
tion of  contests,  within  the  same  time,  from  the  decision  of  forfeiture 
which,  according  to  its  powers,  may  be  made  by  the  Deputation  or  the 
Municipal  Council,  after  the  appeal  to  the  Government  shall  have  been 
exhausted,  in  the  manner  prescribed  by  the  Law. 

(Articles  48  and  85  of  the  Regulations.) 

ART.  89.  When  a  forfeiture  of  a  subsidized  concession  is  finally 
declared,  the  executed  works  shall  be  offered  to  public  bids  for  the  term 
of  three  mouths.  The  basis  for  these  bids  shall  be  the  value,  accord- 
ing to  appraisal,  of  the  lands  acquired,  of  the  completed  works,  and  of 
the  materials  of  construction  and  operation  thereof,  deducting  the 
amounts  which,  as  aid  or  subsidy,  may  have  been  given  to  the  conces- 
sionaire in  lauds,  works,  cash,  or  other  kind  of  property. 

(Articles  51  and  85  of  the  Regulations.) 

ART.  90.  If,  at  the  auction  referred  to  in  the  preceding  article,  there 
should  be  no  bidder,  a  new  auction  shall  be  advertised  for  the  period  of 
two  months,  on  the  basis  of  two-thirds  of  the  amount  of  the  appraisal. 
If  even  then  the  sale  should  be  prevented  because  there  were  no 
bidders,  it  shall  be  announced  the  third  and  last  time,  for  a  period  of 
one  month,  without  stating  on  what  basis. 

(Articles  51  and  85  of  the  Regulations.) 

ART.  91.  If  at  any  of  the  three  auctions  referred  to  in  the  previous 
articles,  propositions  admissible  within  the  advertised  terms  shall  be 
made,  the  work  shall  be  awarded  to  the  best  bidder,  who  shall  give  in 
guarantee  5  per  cent  of  the  amount  of  the  works  which  are  incompleted 
and  shall  receive  the  concession  under  the  same  conditions  as  were  granted 
in  the  forfeited  one,  being  substituted  to  the  previous  concessionaire 
in  all  his  rights  and  obligations,  and  subject  to  the  provisions  of  the 
present  Law. 

(Articles  51  and  85  of  the  Regulations.) 

ART.  92.  From  the  proceeds  of  the  works  publicly  sold,  which  shall 
be  paid  by  the  concessionaire,  in  the  manner  prescribed  by  the  previous 
article,  there  shall  be  deducted  the  expenses  of  the  appraisal  and  sale, 
and  the  rest  shall  be  turned  over  to  whomsoever  it  may  belong. 

(Articles  51  and  85  of  the  Regulations.) 

ART.  93.  In  case  the  concession  should  not  be  awarded  at  any  of 
the  three  auctions,  the  State,  Province,  or  town  in  whose  charge  the 
work  may  be,  shall  take  charge  of  all  which  may  have  been  executed, 
and  shall  continue,  if  it  deems  it  proper,  by  means  of  a  new  concession, 
which  shall  be  granted  in  all  things  in  conformity  to  the  provisions  of 
this  Law,  without  the  first  concessionaire  in  such  case  having  any 
right  to  any  indemnity  whatsoever. 

(Articles  51  and  85  of  the  Regulations.) 


23 
CHAPTER  VIII. 

CONCESSIONS  OF  THE  PUBLIC  DOMAIN  AND  OF  THE  DOMAIN  OF  THE 

STATE. 

ART.  94.  Concessions  which  individuals  or  companies  request  for  the 
execution  of  works  which  have  constantly  to  occupy  or  use,  a  part  of 
the  public  domain  devoted  to  general  use  shall  in  all  cases  be  made  by 
the  Colonial  Department,  which  shall  follow  the  provisions  established 
for  this  purpose  in  Chapter  VI  and  Chapter  VII  of  this  Law,  according 
to  whether  there  are  involved  subsidized  works  or  those  for  the  execu- 
tion of  which  an  aid  of  some  sort  is  asked  from  the  public  funds. 

(Article  122  of  the  Eegulations.) 

ART.  95.  Individuals  or  companies  who  ask  for  a  concession  of  the 
public  domain  for  the  construction  of  a  work  of  general  or  private  use, 
shall  direct  their  petition  to  the  Colonial  Department  or  its  delegates, 
with  a  project  made  in  accordance  with  the  Eegulations  for  the  execu- 
tion of  this  Law.  The  Colonial  Department  shall  examine  the  investi- 
gations which  go  to  prove  the  established  rights  in  the  public  domain 
which  it  is  desired  to  occupy,  the  advantages  or  inconveniences  which 
might  result  to  the  general  interests  from  this  work,  and  the  other  cir- 
cumstances which  it  may  be  desirable  to  take  into  account  before  the 
granting  of  the  concession;  all  of  which  shall  be  done  in  accordance 
with  the  provisions  of  the  special  laws  and  of  the  Eegulations. 

(Articles  123,  124,  125,  134,  and  135  of  the  Eegulations.) 

ART.  96.  If  from  the  investigation  referred  to  in  the  preceding  article 
it  should  appear  that  the  work  in  question  does  not  hinder  or  impede 
the  use  of  the  public  domain  affected  thereby,  the  concession  may  be 
granted  by  the  Colonial  Department  or  its  delegates,  in  accordance  with 
the  provisions  of  the  special  laws  of  the  several  works,  adding  among 
the  general  provisions  the  following: 

First.  The  time  in  which  the  works  shall  commence  and  be  completed. 

Second.  The  conditions  for  the  establishment  and  use  of  the  work, 
and  the  consequences  of  failure  to  comply  with  these  conditions. 

Third.  The  guaranty  which  the  concessionaire  shall  give  in  order 
to  secure  the  fulfillment  of  the  stipulated  provisions. 

Fourth.  The  cases  in  which  the  concession  may  be  declared  forfeited, 
as  well  as  the  consequences  of  such  forfeiture. 

Fifth.  The  establishment  of  maximum  rates  designated  for  the  use 
and  profit  of  the  works. 

(Article  126  of  the  Eegulations.) 

ART.  97.  If  before  any  decision  shall  be  made  concerning  the  peti- 
tions of  the  public  domain  referred  to  in  the  preceding  articles,  there 
should  be  another  or  other  petitions  incompatible  with  the  first,  the 
Colonial  Department  shall  select  those  which  offer  the  best  terms  to 
the  public  interests,  for  which  purpose  an  investigation  of  the  compet- 
ing projects  shall  be  held  in  the  manner  determined  by  the  Eegulations. 


24 

In  similar  cases,  nevertheless,  and  in  those  in  which  it  is  not  believed 
to  be  opportune  because  of  special  circumstances,  the  Colonial  Depart- 
ment may  decide  that  the  concession  be  given,  after  a  public  bidding, 
in  accordance  with  the  provisions  of  Articles  98  and  99. 

(Articles  127,  128,  129,  130,  131,  132,  and  133  of  the  Eegulations.) 

ART.  98.  If,  from  the  investigation  referred  to  in  Article  95,  it  should 
appear  that  the  work  does  not  hinder  or  impede  the  use  and  profit  to 
which  the  part  of  the  public  domain  affected  by  the  work  may  be 
devoted,  the  concession  may  also  be  granted  by  the  Colonial  Depart- 
ment when  it  is  thus  deemed  proper  for  the  general  interests. 

The  concession,  in  the  case  of  the  present  article,  shall  always  be  made 
after  public  bidding,  which  shall  be  based  in  the  first  place  on  the 
reductions  in  the  rates  approved  for  the  use  and  profit  of  the  work  j 
and  in  case  of  equality  of  these  rates,  on  the  raising  of  the  price  which 
shall  previously  have  been  designated  for  the  part  of  the  public  domain 
which  shall  have  to  be  ceded. 

(Articles  135  and  136  of  the  Eegulations.) 

ART.  99.  The  conditions  of  the  concession,  when,  in  accordance  with 
the  previous  article,  it  shall  have  been  made  through  public  bidding, 
shall  be  those  indicated  in  Article  96;  adding  that  the  person  to  whom 
the  award  is  made  shall  be  obliged,  when  he  is  not  the  same  one  who 
presented  the  project,  to  pay  the  petitioner  the  expenses  which  said 
project  may  have  occasioned  him,  according  to  expert  appraisal  made 
and  published  previously  to  the  public  sale. 

(Article  137  of  the  Eegulatious.) 

ART.  100.  When,  for  the  concessions  of  the  class  referred  to  in  Arti- 
cle 98,  two  or  more  petitions  may  have  been  presented,  the  Colonial 
Secretary  shall  select,  by  the  procedure  determined  by  Article  97,  the 
one  which  appears  most  proper  to  serve  as  the  basis  of  the  public  bid- 
dings which  must  determine  to  whom  the  concessions  shall  finally  be 
granted. 

(Article  138  of  the  Eegulations.) 

ART.  101.  The  concessions  referred  to  in  the  previous  articles  of  this 
Chapter  shall  be  granted  for  ninety-nine  years  at  most,  except  in  the 
cases  wherein  the  special  laws  of  public  works  establish  a  longer  period, 
or  when  the  concession  is  granted  by  means  of  a  special  law  which  may 
thus  determine. 

In  all  cases  these  concessions  shall  be  understood  to  be  made  without 
prejudice  to  third  parties,  and  protecting  vested  rights.  The  conces- 
sionaire shall  consequently  be  responsible  for  the  damages  and  injuries 
which  the  work  may  occasion  to  private  property,  or  to  the  part  of  the 
public  domain  not  occupied  by  him. 

(Article  139  of  the  Eegulations.) 

ART.  102.  When  the  concession  is  granted  and  the  guaranty  is 
deposited,  an  instrument  shall  be  executed  in  which  shall  appear  the 
grant  of  the  concession  and  the  stipulated  conditions,  certifying  besides 


25 

to  the  deposit  of  the  guaranty,  and  adding  a  printed  and  authorized 
copy  of  this  Law  and  of  the  Regulations  for  its  execution. 

(Article  139  of  the  Regulations.) 

ART.  103.  The  concessionaire  may  transfer  his  concession  or  freely 
alienate  the  works,  it  being  understood,  however,  that  the  one  who  sub- 
stitutes him  in  his  rights  also  substitutes  him  in  his  obligations,  imposed 
by  the  provisions  of  the  concession,  and  that  the  guaranties  which  he 
may  have  made  to  cover  his  liability  remain  in  existence. 

Of  the  alienation  or  transfer  of  the  rights  belonging  to  the  conces- 
sionaire, an  account  shall  be  given  to  the  Colonial  Department  or  to 
the  corporation  which  might  have  granted  the  concession,  for  the 
proper  purposes. 

(Article  139  of  the  Regulations.) 

ART.  104.  When  the  concession  is  made,  the  Administration  shall 
have  the  right  to  see  that  the  stipulated  conditions  are  absolutely 
fulfilled,  as  well  during  the  execution  of  the  works  as  during  their 
operation. 

The  guarantee  referred  to  in  the  third  paragraph  of  Article  96,  shall  be 
returned  to  the  concessionaire  when  he  proves  that  he  has  completed 
the  works,  and  this  shall  be  made  to  appear  in  his  document  of 
concession. 

(Article  139  of  the  Regulations.) 

ART.  105.  The  declaration  of  forfeiture  of  the  concession  of  the  pub- 
lic domain,  in  a  proper  case,  shall  be  pronounced  by  the  Colonial  Sec- 
retary, after  proceedings  have  been  had  in  which  the  interested  party 
shall  be  especially  heard.  The  consequences  of  the  forfeiture  shall  be 
those,  which  for  similar  cases  are  established  in  Chapters  VI  and  VII 
of  this  Law. 

When  the  forfeiture  is  declared,  the  instrument  granting  the  conces- 
sion shall  be  null,  and  shall  be  surrendered. 

(Article  139  of  the  Regulations.) 

ART.  106.  When  a  work  which  shall  permanently  occupy  a  part  of 
the  public  domain,  in  which  there  is  no  public  use  or  profit  whatever, 
is  to  be  carried  out  by  individuals  or  companies,  the  administrative 
authorization  which  the  Colonial  Secretary  or  his  delegates  is  author- 
ized to  grant  shall  be  sufficient,  in  accordance  with  the  provisions  of 
special  laws  and  of  the  Regulations.  - 

(Articles  141,  142,  143,  and  144  of  the  Regulations.) 

ART.  107.  The  person  requesting  the  authorization  referred  to  in  the 
preceding  article  shall  accompany  with  his  petition  a  plan  in  which 
shall  appear  the  object  of  the  work,  the  part  of  the  public  domain  it  is 
intended  to  occupy,  and  an  estimate  of  the  works. 

This  project  shall  be  passed  through  the  proceedings  prescribed  by 
special  laws  and  the  Regulations,  before  the  authorization  shall  be 
granted. 

(Article  140  of  the  Regulations.) 


26 

ART.  108.  When,  for  the  execution  or  operation  of  a  work  requested 
by  individuals  or  companies,  it  shall  be  necessary  to  occupy  perma- 
nently a  part  of  the  public  domain  devoted  to  general  use,  there  shall 
first  be  also  obtained  the  authorization  of  the  Colonial  Secretary  or  his 
delegates.  This  authorization  may  be  granted  without  demanding  any 
guaranty,  nor  the  presentation  of  the  project,  and  by  the  brief  proceed- 
ings which  are  designated  by  the  Eegulations. 

(Article  145  of  the  Eegulations.) 

ART.  109.  The  administrative  authorization  is  also  needed  for  the 
execution  or  operation  of  a  work  which  affects  established  servitudes 
on  private  property,  for  the  benefit  of  the  public  domain. 

This  authorization  shall  be  granted  by  the  Colonial  Secretary  or  his 
delegates  as  in  the  case  of  the  preceding  article;  but  it  may  be  per- 
petual, saving  always  the  rights  of  private  property. 

(Article  145  of  the  Eegulations.) 

ART.  110.  For  the  works  devoted  to  the  operation  of  a  private  indus- 
try, the  occupation  of  matters  connected  with  the  public  domain  may 
be  granted,  in  accordance  with  the  provisions  of  this  general  Law  and 
the  special  laws  of  public  works;  when  the  concession  referred  to  in 
the  preceding  paragraph  has  been  made,  the  individual  or  company 
obtaining  it  may  construct  the  work  and  make  use  of  it  in  the  manner 
in  which  it  may  be  deemed  convenient,  without  further  intervention  on 
the  part  of  the  Government  than  that  relating  to  the  safety,  policing, 
and  management  of  the  public  domain. 

(Article  146  of  the  Eegulations.) 

ART.  111.  When,  for  the  execution  of  a  work,  by  companies  or 
individuals,  devoted  to  public  or  to  private  use,  there  may  be  occupied 
a  part  of  the  public  domain  of  the  State,  the  previous  concession  of 
the  Colonial  Secretary  shall  be  necessary,  in  accordance  with  the 
provisions  of  the  articles  of  this  Chapter  treating  of  public  domain; 
but  always  with  the  indispensable  prerequisite  that  there  be  public 
bidding,  at  which  the  project  of  the  petitioner  shall  serve  as  the  basis. 

The  bidding  shall  have  for  its  object  the  determination  of  the  amount 
which  the  concessionaire  shall  have  to  pay  for  the  domain  ceded,  and 
shall  take  place  in  accordance  with  the  formalities  necessary  for  the 
sale  of  public  lands,  the  concession  being  granted  to  the  best  bidder. 

The  petitioner  shall  have  the  right  of  preference  on  equal  terms  at 
the  bidding,  and  in  case  he  shall  not  take  the  concession,  of  being  indem- 
nified by  the  person  to  whom  it  is  awarded  for  the  expenses  of  the 
project,  according  to  expert  appraisal  made  and  published  before  the 
public  sale. 

(Article  147  of  the  Eegulations.) 

ART.  112.  The  authorization  of  the  Colonial  Secretary  is  necessary 
to  execute  or  operate  a  work,  which  changes  servitudes  established  in 
the  domain  of  the  State. 


27 

This  authorization  shall  be  ceded  in  conformity  with  similar  proceed- 
ings to  those  established  by  Article  109  of  this  Law. 

(Article  148  of  the  Regulations.) 

ART.  113.  The  resolutions  concerning  concessions  by  competent 
authority  of  the  public  domain,  and  of  the  domain  of  the  State,  shall 
be  final,  saving  the  appeals  which  may  be  proper  according  to  the  Laws. 

CHAPTER  IX. 

DECLARATION  OF  PUBLIC  UTILITY. 

ART.  114.  Before  the  execution  of  all  work  devoted  to  public  use, 
whoever  may  construct  it,  there  shall  be  the  declaration  of  public  utility. 

From  this  formality  are  excepted : 

First.  The  works  which  are  in  charge  of  the  State  and  wnich  are 
carried  out  in  accordance  with  the  provisions  of  Chapter  III  of  the 
present  Law. 

Second.  The  works  included  in  the  general  provincial  or  municipal 
plans  designated  in  Articles  20,  34,  and  44  of  the  Law. 

Third.  Every  work,  of  whatsoever  kind,  the  construction  01  which 
may  have  been  authorized  by  special  law. 

No  work  devoted  to  private  use  can  be  declared  of  public  utility. 

(Article  149  of  the  Eegulations.) 

ART.  115.  The  declaration  of  public  utility  shall  carry  with  it,  so  far 
as  the  individuals  who  request  it  are  concerned: 

First.  The  right  of  neighborhood  for  the  builders  and  their  employees, 
which  consists  of  the  use  of  the  objects  enjoyed  in  common  in  the  dis- 
trict of  the  towns  in  which  the  works  are  situated. 

Second.  The  application  of  the  law  of  eminent  domain  to  private 
property,  in  accordance  with  the  provisions  of  the  said  Law  and  of  the 
Regulations  for  its  execution. 

Third.  The  exemption  from  the  land  tax  and  the  property  tax  on  the 
transfers  of  property  which  may  take  place  in  consequence  of  the  appli- 
cation of  the  said  law  of  eminent  domain. 

The  declaration  of  public  utility  may  also  carry  with  it  the  exemp- 
tion from  other  temporary  or  permanent  taxes,  whenever  it  is  thus 
determined  by  a  special  law  for  each  case. 

(Article  150  of  the  Eegulations.) 

ART.  116.  The  declaration  of  public  utility,  when  it  shall  have  been 
made  in  accordance  with  the  provisions  of  Article  114,  and  shall  carry 
with  it  the  application  of  the  law  of  eminent  domain,  shall  be  made  by 
the  legislative  power  in  relation  to  works  which,  in  the  judgment  of 
the  Government,  are  of  great  importance;  by  the  Colonial  Department 
in  reference  to  works  paid  for  with  the  general  funds  of  the  State,  and 
by  the  Governor- General  in  reference  to  provincial  and  municipal 
works. 

In  case  the  exercise  of  the  right  of  eminent  domain  is  not  requested, 
the  Municipal  Councils  shall  have  the  right  to  make  the  declaration  of 


28 

public  utility,  when  the  work  is  municipal  and  is  included  in  one  munic- 
ipal district;  the  Provincial  Deputation  shall  make  the  declaration 
when  the  work  is  provincial  and  when,  being  municipal,  it  is  included 
in  two  or  more  towns ;  and  lastly,  by  the  Colonial  Secretary  when  the 
work  is  in  charge  of  the  State. 

(Articles  152, 153, 154, 155, 156, 157, 158,  and  159  of  the  Eegulations.) 

ART.  117.  The  individual  or  company  which  asks  for  the  declaration 
of  public  utility  of  a  work  shall  annex  to  his  or  its  petition  a  complete 
project,  so  that  judgment  thereof  may  be  formed  and  of  its  object,  of 
the  private  property  which  it  shall  occupy,  and  of  the  advantages 
which  shall  accrue  to  the  general  interests. 

(Articles  151  and  152  of  the  Eegulations.) 

ART.  118.  Before  adopting  a  resolution,  the  project  shall  be  sub- 
mitted to  an  investigation  in  which  shall  be  heard,  in  the  first  place,  all 
those  interested  in  the  condemnation  proceedings,  if  the  application 
of  the  law  of  eminent  domain  is  requested;  and  afterwards  the  other 
individuals,  officers,  and  corporations  that,  for  each  case,  are  specified 
in  the  Eegulations. 

When  the  investigation  has  been  made  in  the  cases  in  which  the  dec- 
laration of  public  utility  is  to  be  declared  by  the  Cortes,  the  Colonial  Sec- 
retary shall  present  the  present  form  of  law.  As  to  the  rest,  the  Colo- 
nial Secretary,  his  delegates,  or  the  proper  corporation,  shall  decide 
upon  the  declaration  requested,  as  may  be  deemed  proper. 

(Articles  152, 153, 154, 155, 156, 157, 158,  and  159  of  the  Eegulations.) 

ART.  119.  The  resolutions  which,  in  relation  to  public  utility,  may  be 
adopted  by  the  competent  central  Provincial  or  Municipal  Administra- 
tion shall  be  final,  saving  the  appeals  which  are  proper  in  accordance 
with  the  Law. 

(Article  160  of  the  Eegulations.) 

CHAPTER  X. 

COMPETENCY  OF  JURISDICTION  IN  MATTERS   CONNECTED  WITH 

PUBLIC   WORKS. 

ART.  120.  The  administrative  jurisdiction  to  hear  disputes,  shall  hear 
the  appeals  against  the  rulings  of  the  Administration — 

First.  When  the  forfeiture  of  a  concession  made  to  individuals  or 
companies  in  the  terms  prescribed  by  this  Law  is  declared. 

Second.  In  all  those  cases  in  which  the  administrative  resolutions 
which  are  final,  affect  rights  acquired  by  virtue  of  rulings  emanating 
from  the  same  Administration. 

ART.  121.  The  tribunals  of  justice  shall  have  jurisdiction  of — 

First.  Questions  which  may  arise  between  the  Administration  and 
individuals  concerning  the  public  domain  or  private  property,  and  con- 
cerning servitudes  founded  on  titles  of  civil  rights. 

Second.  Questions  which  may  arise  between  individuals  concerning 


29 

the  preferred  right  to  the  public  domain,  according  to  the  present  law, 
when  the  preference  is  founded  on  titles  of  civil  rights. 

Third.  Questions  relative  to  damages  and  injuries  occasioned  to  a 
third  person  in  his  property  rights,  the  alienation  of  which  is  not  com- 
pellable  under  the  right  of  eminent  domain,  by  reason  of  the  establish- 
ment or  use  of  the  works  which  are  the  subject  of  the  concession,  or 
for  any  other  causes  depending  on  the  concession. 

CHAPTER  XI. 

GENERAL   PROVISIONS. 

ART.  122.  Foreign  capital  which  is  employed  in  public  works  and  in 
the  acquisition  of  lands  necessary  for  them,  shall  be  exempt  from 
reprisals,  confiscations,  and  embargoes  by  reason  of  war. 

ART.  123.  The  provisions  of  the  present  Law  do  not  invalidate  any 
of  the  rights  acquired  prior  to  its  publication  and  in  accordance  with 
the  legislation  on  which  they  may  have  been  founded. 

ART.  124.  The  proceedings  relative  to  public  works  which,  on  the 
publication  of  these  Laws,  may  be  pending,  shall  be  carried  out  in 
accordance  with  the  prior  legislation  under  which  they  were  started, 
unless  the  interested  parties  prefer  to  submit  to  the  provisions  of  the 
present  Law. 

In  case  there  are  several  interested  parties  and  they  do  not  agree, 
the  proceedings  shall  follow  the  provisions  of  the  former  legislation. 

ART.  125.  The  Colonial  Secretary  may  decide  that  the  special  laws 
published  in  the  Peninsula  relative  to  railroads,  highroads,  waters,  and 
ports  may  be  extended  to  Puerto  Eico,  making  a  report  thereof  to  the 
Cortes  and  of  the  Regulations  and  instructions  for  their  application, 
introducing  in  them  the  modifications  which  he  may  deem  proper,  but 
always  after  the  report  of  the  Consulting  Board  of  Eoads,  Canals,  and 
Ports,  and  after  hearing  the  full  Council  of  State. 

ART.  126.  All  laws,  decrees,  and  other  prior  provisions  affecting  pub- 
lic works  which  may  be  in  conflict  with  the  present  Law  are  hereby 
repealed. 

Approved  by  His  Majesty  by  Eoyal  Decree  of  this  date. 

Madrid,  21st  of  May,  1881. 

LEON  Y  CASTILLO. 

It  is  a  copy. 

FRANCISCO  FONTANALS  Y  MARTINEZ, 

Secretary  of  the  General  Government. 


GENERAL  GOVERNMENT  OP  THE  ISLAND  OF  PUERTO  Eioo, 

OFFICE  OF  THE  SECRETARY, 

Bureau  of  Public  Works,  Civil  Construction,  Forests,  and  Mines. 
The  Colonial  Department  on  the  21st  of  May  last  issued  to  this 
General  Government  the  Eoyal  Order  No.  234,  which  is  as  follows: 

YOUR  EXCELLENCY:  The  general  Law  of  Public  "Works  which  shall  govern  in 
this  Island  being  approved  by  Royal  Decree  of  this  date,  and,  in  compliance  with 
article  2  of  said  Royal  Decree,  His  Majesty  the  King  (whom  God  preserve)  has  been 
pleased  to  approve  the  annexed  Regulations  for  the  execution  of  said  Law  in  this 
Province.  By  Royal  Order  I  communicate  this  to  Your  Excellency  for  your  infor- 
mation and  consequent  action. 

And  the  approval  of  His  Excellency  having  been  given  on  the  13th 
of  the  present  month,  by  his  superior  order  there  follows  the  publication 
of  the  said  Eegulations  for  general  information. 
Puerto  Kico,  June  27, 1881. 

FRANCISCO  FONTANALS  Y  MARTINEZ, 

{Secretary  of  the  General  Government. 

31 


BEGULATIONS 

FOR  THE 


EXECUTION  OF  THE  GENERAL  LAW  OF  PUBLIC  WORKS  OF  THE 
ISLAND  OF  PUERTO  RICO. 


TTTI/E  FIRST. 
"WORKS  IN  CHARGE  OP  THE  STATE. 

CHAPTER  I. 

PROJECTS  AND  CONSTRUCTION  OF  WORKS  BY  THE  METHOD  OP 
ORDINARY  CONTRACTS. 

ARTICLE  1.  In  accordance  with  Article  4  of  the  General  Law  and 
the  special  laws  for  each  kind  of  works,  the  following  are  in  charge  of 
the  State: 

First.  Highroads,  railroads,  and  ports  included  in  the  corresponding 
plans. 

Second.  Light-houses  for  the  illumination  of  the  coast,  and  the 
establishment  of  all  kinds  of  maritime  signals. 

Third.  The  work  of  retaining  within  their  beds  and  making  nav- 
igable the  principal  rivers,  and  the  drainage  of  lakes  and  marshes 
belonging  to  the  State. 

Fourth.  Civil  constructions  for  the  service  of  the  Administration  of 
the  State. 

(Article  4  of  the  Law.) 

ART.  2.  The  Colonial  Secretary,  who  has  the  administrative  man- 
agement of  the  works  designated  in  the  preceding  article^  shall  make 
the  plans  of  those  which  are  in  charge  of  the  State,  following  the  pro- 
ceedings laid  down  in  the  proper  Eegulations  for  the  execution  of  the 
laws  of  highroads,  railroads,  and  ports. 

(Article  20  of  the  Law.) 

ART.  3.  The  Colonial  Secretary,  in  conformity  with  the  provisions 
of  Article  23  of  the  General  Law,  shall  order  the  study  of  the  works 
included  in  the  plans  of  the  State,  in  the  order  in  which  they  are 
respectively  mentioned  and  according  to  the  legislative  credits  which 
admit  of  it. 

21690 3  33 


34 

(Article  23  of  the  Law.) 

ART.  4.  When  the  study  of  any  work  shall  be  necessary,  the  Gov- 
ernor-General may  give  the  proper  order  to  the  Chief  Engineer  of  the 
Province.  Said  Engineer  shall  make  the  estimate  of  the  expenses 
which  the  study  may  necessitate,  and  shall  submit  it  for  superior 
approval.  The  Governor-General  shall  give  this  approval  when  the 
amount  does  not  exceed  one  thousand  pesos,  and  the  Colonial  Secretary 
shall  do  so  in  all  other  cases. 

(Article  23  of  the  Law.) 

ART.  5.  The  Chief  Engineer  of  public  works  of  the  Island  may  dele- 
gate the  study  of  the  work  to  such  Engineer  as  he  may  deem  proper 
among  those  who  are  at  his  orders.  If  means  of  communication  of 
great  length  are  under  consideration,  the  study  may  be  made  by  two 
Engineers,  in  which  case  the  intersecting  point  must  first  be  fixed  of 
the  parts  of  the  lines  which  shall  be  gone  over  by  each,  the  work  being 
then  terminated  and  submitted  for  the  superior  approval,  with  entire 
independence. 

(Article  23  of  the  Law.) 

ART.  6.  Every  project  must  consist  of  the  following  documents: 

First.  Explanatory  memorial. 

Second.  Plans. 

Third.  Articles  of  technical  conditions. 

Fourth.  Estimate. 

This  last  document  shall  include,  besides  the  cost  of  the  work,  the 
amounts  which  it  may  be  considered  necessary  for  condemnation  pro- 
ceedings and  the  drainage  necessary  for  the  foundations  of  hydraulic 
works,  as  well  as  all  the  other  dependencies  of  the  work,  with  the 
object  of  forming  an  idea  of  the  total  cost. 

When  the  projected  work  may  be  operated  with  earnings,  there  shall 
be  accompanied  the  schedule  of  rates  which  are  to  be  established  for 
its  use  and  profit,  and  the  basis  on  which  the  application  of  the  pro- 
posed schedule  is  to  be  made,  as  well  as  a  calculation  of  the  proposed 
gain  to  the  company. 

The  projects  of  the  works  shall  be  made  in  accordance  with  the  forms 
which  govern  at  the  time  of  their  formation,  as  well  as  the  general 
rules  of  the  service  and  the  special  instructions  which  in  each  case  the 
general  Direction  may  deem  it  convenient  to  establish. 

(Articles  23  and  27  of  the  Law.) 

ART.  7.  For  works  of  ports,  besides  the  formalities  expressed  in  the 
preceding  article,  those  provided  by  the  special  law  concerning  the 
preliminary  plans  and  investigations  which  must  precede  the  drafting 
of  the  final  projects,  must  be  observed. 

(Article  23  of  the  Law.) 

ART.  8.  Works  of  repair  can  not  be  carried  out  until  after  the 
approval  of  the  estimates  made  by  the  Chief  Engineer  of  the  Province, 
in  accordance  with  the  instructions  which  exist  for  this  kind  of  service. 


35 

For  the  preservation  of  the  existing  works  in  charge  of  the  State, 
the  Chief  Engineer  shall  draft  annual  estimates,  giving  ample  time  to 
admit  of  superior  approval. 

(Article  33  of  the  Law.) 

ART.  9.  When  a  work  not  included  in  the  plans  of  the  State  is  under 
consideration,  the  execution  of  which  shall  nevertheless  be  deemed 
proper,  in  the  judgment  of  the  Government,  the  Colonial  Secretary 
shall  order  that  the  Engineers  make  a  preliminary  project  of  the  work. 

This  preliminary  project  shall  be  drawn  in  accordance  with  the 
instructions  which  may  be  given  in  each  case,  and  shall  always  consist 
of  a  memorial  and  plans  which  give  a  clear  idea  of  the  work  and  of  its 
principal  details,  with  an  idea  of  its  cost. 

(Articles  21  and  23  of  the  Law.) 

ART.  10.  The  preliminary  project  referred  to  in  the  preceding  article 
shall  be  submitted  to  an  investigation  concerning  the  propriety  or 
necessity  of  the  execution  of  the  work,  in  which  shall  be  heard — 

First.  All  those  individuals  who  may  be  interested  in  the  work,  for 
which  purpose  it  shall  be  exhibited  in  the  office  of  the  Secretary  of  the 
General  Government  for  a  period  which  shall  be  announced  in  the 
Gaceta  de  Puerto  Rico,  and  which  shall  be  not  less  than  thirty  days. 

Second.  The  Municipal  Councils  and  the  Provincial  Deputation. 

Third.  The  Boards  of  Agriculture,  Industry,  and  Commerce  of  the 
Province,  the  districts  of  which  may  be  interested  in  the  work. 

Fourth.  The  military  authorities,  the  naval  authorities,  and  the  Pro- 
vincial Health  Board,  in  special  cases  in  which  it  is  necessary  because 
demanded  by  the  nature  of  the  work. 

Fifth.  The  Engineers  in  charge  of  the  service  and  the  Chief  Engineer 
of  the  Province,  so  that  they  may  make  explanations  concerning  the 
claims  which  may  have  been  made  during  the  investigation. 

Said  investigation  shall  be  sent  to  the  Governor-General,  who  shall 
send  the  proceedings  to  the  Colonial  Department  for  the  proper  action. 

All  the  above-named  documents  shall  be  sent  to  the  Consulting  Board 
of  Roads,  Canals,  and  Ports  for  the  proper  report  thereon. 

(Articles  24  and  23  of  the  Eegulations.) 

ART.  11.  If,  in  view  of  the  result  of  the  investigation  referred  to  in 
the  preceding  article,  it  may  be  deemed  convenient  or  necessary  to 
execute  the  work  in  question,  the  Colonial  Secretary  shall  present  to  the 
Cortes  the  form  of  law  which  in  this  case  is  necessary  in  order  to 
undertake  the  work,  in  accordance  with  the  provisions  of  Article  21  of 
the  general  Law  of  Public  Works.  When  this  authorization  has  been 
once  granted,  the  final  study  shall  be  made,  which  shall  follow  the 
proceedings  set  forth  in  Articles  3  to  7  of  the  present  Regulations. 

(Articles  24  and  28  of  the  Law.) 

ART.  12.  If  the  work  should  be  of  admitted  urgency,  after  the  requi- 
sites provided  by  Article  21  of  the  Law  shall  have  been  fulfilled,  the 
Colonial  Secretary  or  the  Governor-General,  as  the  case  may  be,  shall 


36 

decide  upon  the  immediate  drafting  of  the  project,  without  waiting  for 
the  making  of  the  estimate  of  the  studies  referred  to  in  Article  4  of 
these  Regulations,  without  prejudice,  that  as  soon  as  possible,  the  said 
estimate  shall  be  made  and  sent  for  superior  approval. 

(Articles  21  and  23  of  the  Law.) 

ART.  13.  In  fulfillment  of  the  provisions  of  the  general  Law  of  Pub- 
lic Works,  the  Government  shall  not  include  in  the  general  budgets- 
First.  The  credits  necessary  for  the  preservation  of  all  existing 
works  in  charge  of  the  State,  in  view  of  the  estimates  which  the  Chief 
Engineers  must  annually  send  for  this  purpose,  as  provided  by  Article 
8  of  these  Regulations. 

Second.  The  credits  demanded  by  the  repair  of  said  works,  accord- 
ing to  the  estimates  mentioned  in  the  same  article. 

Third.  The  amounts  necessary  for  new  works,  the  execution  of  which 
is  properly  authorized  in  accordance  with  Articles  21  and  22  of  the 
general  Law,  and  the  projects  of  which  are  properly  approved ;  said 
amounts  shall  include  the  probable  expenses  of  condemnation  proceed- 
ings, drainage,  and  other  matters  referred  to  in  Article  6  of  the  pres- 
ent Regulations. 

Fourth.  The  sums  which  may  be  reasonably  judged  necessary  to 
carry  out  the  projects  of  new  works,  and  of  repairs  which  might  have 
been  studied  during  the  corresponding  economic  year. 

Fifth.  The  amount  for  the  works  which  it  might  be  necessary  to  exe- 
cute because  of  admitted  urgency,  in  accordance  with  the  provisions 
of  said  Article  21  of  the  general  Law. 

(Article  22  of  the  Law.) 

ART.  14.  The  Colonial  Secretary  shall  decide  on  the  method  which 
must  be  followed  in  constructing  a  public  work  in  charge  of  the  State, 
subject  to  the  provisions  of  Article  25  of  the  general  Law,  and  also,  in 
a  proper  case,  to  the  provisions  of  the  Royal  Decree  of  the  27th  of 
February,  1852,  after  the  Engineers  who  may  have  drawn  the  project 
shall  have  been  heard,  as  well  as  the  Chief  Engineer  of  the  Province 
or  of  the  proper  service,  and  of  the  Consulting  Board. 

(Article  25  of  the  Law.) 

ART.  15.  If  the  work  should  have  to  be  executed  by  the  method  of 
management,  it  shall  be  constructed  by  the  Engineers  of  Roads,  Canals, 
and  Ports,  in  accordance  with  the  provisions  which  exist  or  might 
exist  in  this  branch  of  the  service. 

If  the  work  shall  have  to  be  carried  out  by  the  method  of  contract, 
the  Engineers  of  the  State  shall  have  the  right  to  superintend  the 
construction,  in  order  to  see  that  the  special  conditions  are  carried  out, 
make  the  provisional  and  the  final  acceptance,  as  well  as  the  final  esti- 
mates; all  of  which  is  prescribed  by  the  Regulations  of  the  service. 

(Article  30  of  the  Law.) 

ART.  16.  If  the  work  shall  have  to  be  executed  by  contract,  the  pub- 
lic bidding  which  shall  precede  it,  shall  be  made  in  accordance  with  the 


37 

provisions  existing  for  the  contracting  for  such  public  service,  and  the 
Regulations  established  for  that  purpose. 

ART.  17.  In  the  construction  of  every  public  work  which  shall  be 
carried  out  by  the  contract  method,  and  in  accordance  with  the  first  ot 
the  methods  indicated  in  Article  26  of  the  general  Law,  there  shall 
govern — 

First.  The  general  conditions  established,  or  which  in  the  future  may 
be  established,  for  all  kinds  of  contracts  for  public  works  in  charge  of 
the  Colonial  Department. 

Second.  The  technical  conditions  which  form  part  of  the  project  and 
which  have  been  approved,  together  with  the  latter. 

Third.  The  particular  and  economic  conditions  which  in  each  case 
the  Governor-General  may  establish,  in  which  shall  be  stated  in  detail, 
besides  the  special  clauses  which  the  nature  of  each  contract  might 
demand,  the  guaranty  which  is  to  be  given  by  the  contractor  as 
security  for  the  carrying  out  of  his  obligations;  the  times, manner,  and 
places  in  which  payments  are  to  be  made;  the  dates  on  which  the  work 
shall  be  begun  and  finished;  and  the  time  for  which  the  contractor 
has  to  guarantee  and  be  responsible  for  the  solidity  and  stability  of  the 
executed  works. 

(Article  26  of  the  Law.) 

ART.  18.  The  studies  of  projects  and  the  execution  of  works  which 
are  included  under  the  classification  of  civil  constructions  devoted  to 
service  depending  on  the  Colonial  Department,  shall  be  carried  out  in 
accordance  with  the  provisions  of  this  Chapter  concerning  public  works 
in  general,  without  other  distinction  than  that  the  architects  who  shall 
have  charge  of  said  constructions  shall  do  the  work  which,  in  the  other 
case,  is  in  charge  of  the  Engineers  of  Roads,  Canals,  and  Ports. " 

(Article  30  of  the  Law.) 

CHAPTER  EL 

CONCESSIONS  FOR  THE  CONSTRUCTION,  WITHOUT  SUBSIDY,  OP  WORKS 
INCLUDED  IN  THE  GENERAL  PLANS  OF  THE  STATE. 

ART.  19.  Concessions  of  public  works  in  charge  of  the  State,  which 
are  included  in  the  plans  of  the  same  and  which  are  asked  for  without 
aid  or  subsidy  of  any  kind,  shall  be  made  by  the  Colonial  Department 
to  the  companies  or  individuals  who  may  request  them,  after  the  pro- 
ceedings laid  down  by  these  Regulations. 

(Article  54  of  the  Law.) 

ART.  20.  The  granting  of  every  concession  mentioned  in  the  preced- 
ing article,  shall  only  be  after  the  drafting  of  the  proper  project. 

If  there  is  no  project  drawn  by  the  Engineers  of  the  Government  for 
the  work  in  question,  it  may  be  left  to  private  initiative  to  make  the 
studies,  as  provided  by  Article  57  of  the  general  Law  of  Public  Works. 

(Article  57  of  the  Law.) 


38 

ART.  21.  In  the  case  of  the  preceding  Chapter,  the  individual  or 
company  that  may  desire  to  draw  the  project  shall  petition  the  Colonial 
Department  or  the  Governor- General  asking  for  the  proper  authoriza- 
tion, which  may  be  given  him  after  he  has  made  a  guaranty  to  pay  for 
the  damages  which  his  operations  may  cause,  the  amount  of  which  may 
be  fixed,  keeping  in  mind  the  importance  of  the  project  and  the  special 
circumstances  of  the  ground  which  it  is  to  occupy. 

In  case  the  authorization  is  granted,  a  period  shall  be  fixed  for  the 
presentation  of  the  project,  the  order  being  published  in  the  Gaceta  of 
the  Island. 

The  petitioner  to  whom  this  authorization  is  granted  shall  enjoy  all 
the  advantages  which,  in  such  cases,  are  granted  by  Article  57  of  the 
Law,  and  shall  present  the  project  to  the  Governor-General  within  the 
limited  time.  If  this  is  not  done,  the  authorization  which  has  been 
granted  shall  be  considered  annulled,  unless  the  petitioner  shall  have 
asked  for  and  obtained  an  extension  of  time  for  this  purpose,  which 
shall  only  be  granted  once,  all  petitions  for  further  extension  being 
ignored. 

The  guarantee  shall  be  returned  to  the  petitioner  when  he  presents 
the  project,  after  a  certificate  showing  that  he  has  satisfied  all  damages 
which  he  may  have  occasioned. 

Every  individual  or  company  may  for  itself  study  the  projects  of 
works  included  in  the  plans  of  the  State,  without  the  authority  referred 
to  in  Article  57  of  the  general  Law;  but  in  such  case  it  shall  have  no 
right  to  the  advantages  granted  by  said  Article. 

(Articles  56  and  57  of  the  Law.) 

ART.  22.  The  projects  drawn  by  individuals  for  works  referred  to  in 
the  preceding  articles  shall  consist  of  the  same  documents  and  be 
drawn  in  accordance  with  the  same  forms  and  provisions  which  are 
demanded  for  the  works  of  the  State,  as  provided  by  Article  6  of  these 
Kegulations. 

(Article  56  of  the  Law.) 

ART.  23.  On  presenting  a  project  to  the  Colonial  Secretary  or  to  the 
Governor-General,  the  individual  or  company  that  shall  have  drawn  it 
shall  also  present,  as  a  guaranty  of  the  fulfillment  of  his  or  its  obliga- 
tions, the  document  which  shows  that  he  or  it  has  deposited  in  the 
proper  place  an  amount  equivalent  to  1  per  cent  of  the  total  estimate 
for  the  execution  of  the  work.  The  Governor-General  shall  give  a 
receipt  for  the  project  to  the  interested  party,  stating  the  day  and  the 
hour  on  which  it  may  have  been  presented.  This  receipt  shall  consti- 
tute prima  facie  proof  for  every  question  of  priority  which  may  arise 
in  the  course  of  the  proceedings. 

(Article  58  of  the  Law.) 

ART.  24.  The  project  shall  then  be  sent  to  the  Chief  Engineer  of  the 
Province,  in  order  that  he  may  go  over  it  on  the  ground  for  the  pur- 
pose of  determining  exactly  the  facts  which  it  contains.  The  expenses 


39 

which  this  may  entail  shall  be  paid  by  the  petitioner,  who  shall  deposit 
their  amount  in  the  Treasury  of  the  Province  before  this  work  is  begun. 

Of  the  result  of  the  comparison,  as  well  as  of  the  other  details  of  the 
project,  the  Engineer  shall  give  a  detailed  report,  which  shall  be  sent 
to  the  Governor-General  to  be  attached  to  the  other  papers. 

Thereafter  an  investigation  shall  be  made  directly  by  the  Governor- 
General  concerning  the  propriety  of  making  the  concession,  and  con- 
cerning the  proposed  rates  for  the  use  and  profit  of  the  works.  In  this 
investigation  individuals  who  might  consider  themselves  interested 
shall  be  heard  orally,  and  they  may  be  compelled  to  answer  interroga- 
tories which  may  be  specially  framed  for  each  particular  case.  There- 
after the  corporations  and  officials  who,  according  to  the  importance 
and  nature  of  the  worksnit  may  be  deemed  convenient  to  consult,  shall 
be  heard  in  writing;  and  in  all  cases  there  shall  be  heard  the  Provin- 
cial Deputation  and  the  Chief  Engineer  of  the  Province. 

The  Governor-General  shall  send  the  reports,  with  his  own  opinion, 
to  the  Colonial  Secretary,  enclosing  the  projects  which  he  may  have 
received  from  the  Chief  Engineer. 

(Article  59  of  the  Law.) 

ART.  25.  When  the  project  refers  to  ports,  besides  the  formalities 
established  in  the  preceding  article,  those  shall  be  observed  which  are 
established  for  this  purpose  by  the  special  Law  of  Ports  and  the  Eegu- 
lations  for  its  execution. 

(Article  59  of  the  Law.) 

ART.  26.  On  fulfilling  the  provisions  of  the  preceding  articles,  the 
Consulting  Board  of  Roads,  Canals,  and  Ports  shall  be  heard,  which 
shall  give  an  opinion  concerning  the  project  and  the  rates,  and  the 
basis  on  which  they  may  have  made  an  investigation. 

When  these  formalities  have  been  complied  with,  the  concession  may 
be  granted,  if  proper,  in  view  of  the  result  of  the  proceedings,  by 
means  of  a  Eoyal  Decree  through  the  Colonial  Secretary  drawing  the 
proper  instrument,  which  shall  be  delivered  to  the  concessionaire. 

(Article  59  of  the  Law.) 

ART.  27.  No  variation  or  modification  whatever  shall  be  introduced 
in  the  approved  project  for  a  concession  of  this  class  without  the  proper 
authorization  of  the  Colonial  Secretary,  after  hearing  the  opinion  of  the 
Consulting  Board  of  Eoads,  Canals,  and  Ports. 

(Article  59  of  the  Law.) 

ART.  28.  In  every  concession,  besides  the  technical  conditions  of  the 
project  for  the  execution  of  the  work  and  those  of  the  general  ones 
which  may  be  applicable,  there  shall  govern  other  particular  condi- 
tions, in  which  shall  be  included  the  special  ones  which  govern  con- 
tracts of  public  works  which  may  be  considered  proper,  according  to 
the  result  of  the  proceedings;  and  there  must  appear  among  them  the 
following : 

First.  The  designation  of  the  guaranty  which  the  concessionaire  shall 


40 

give  in  security  for  the  fulfillment  of  his  obligations.  This  guaranty 
shall  be  from  3  to  5  per  cent  of  the  amount  of  the  estimate,  and  shall 
not  be  returned  to  the  interested  party  until  he  has  proved  the  con- 
struction of  works  and  the  supply  of  materials  to  the  value  of  one- 
third  at  least  of  the  total  cost  of  the  work,  according  to  appraisement 
made  by  the  Engineers  in  charge  of  the  superintendence  of  the  work, 
applying  to  those  which  may  have  been  made,  the  prices  of  the  approved 
estimate. 

The  guaranty  in  every  case  shall  be  made  where  contracted  within 
ttie  term  of  one  month  from  the  date  of  the  granting  of  the  concession, 
on  the  penalty  of  the  loss  by  the  concessionaire  of  all  right,  including 
that  of  the  deposit,  if  this  shall  not  have  been  done. 

Second.  The  dates  on  which  the  concessionaire  shall  commence  and 
complete  the  works,  as  well  as  the  progress  with  which  they  shall  be 
constructed  in  given  periods,  in  order  that  they  may  be  concluded 
within  the  time  provided  for. 

Third.  The  schedule  of  rates  which  may  have  been  approved  for  the 
use  and  profit  of  the  works,  as  well  as  the  basis  for  their  application. 

Fourth.  The  time  during  which  the  concessionaire  shall  have  the  right 
to  enjoy  the  proceeds  of  the  rates  referred  to  in  the  preceding  article, 
which  can  not  exceed  ninety-nine  years. 

Fifth.  The  cases  of  forfeiture  of  the  concession. 

Besides  this,  it  must  be  seen  that  the  concession  shall  be  granted 
without  prejudice  to  the  third  party  and  saving  private  rights. 

(Articles  60  and  67  of  the  Law.) 

ART.  29.  Every  concession  of  this  kind  shall  be  forfeited  if  any  of 
the  special  conditions  designated  in  the  preceding  article  are  not  com- 
plied with,  if  the  preservation  of  the  works  during  their  operation  is 
not  properly  attended  to,  and  if  the  operation  is  not  carried  on  in 
accordance  with  the  terms  agreed  upon. 

The  case  provided  in  Article  61  of  the  General  Law  of  Public  Works 
shall  also  be  a  case  of  forfeiture. 

The  declaration  of  forfeiture  shall  be  made  by  the  Colonial  Depart- 
ment, after  proceedings  in  which  there  shall  be  heard  the  concessionaire, 
the  Consulting  Board  of  Eoads,  Canals,  and  Ports,  and  the  Board  of 
Public  Works  of  the  Council  of  State.  From  this  decision  the  inter- 
ested party  may  appeal  by  means  of  the  administrative  jurisdiction  of 
contests. 

(Articles  60  and  68  of  the  Law.) 

ART.  30.  When  the  forfeiture  of  a  concession  has  been  declared,  the 
Engineers  who  may  have  been  designated  by  the  Colonial  Secretary, 
shall  proceed  to  make  an  estimate  of  the  works  completed  and  the 
materials  furnished  and  their  valuation,  according  to  the  prices  of  the 
approved  estimates. 

The  measurement  and  the  valuation,  accompanied  by  an  explanatory 
memorial  and  plans  which  show  the  state  in  which  the  works  are  found 


41 

at  the  time,  shall  be  sent  to  the  Colonial  Department  for  its  approval, 
after  report  of  the  Consulting  Board  of  Roads,  Canals,  and  Ports. 

(Article  68  of  the  Law.) 

ART.  31.  To  every  concession  which  is  declared  forfeited  there  shall 
be  immediately  applied  Articles  69  to  72,  both  inclusive,  of  the  General 
Law  of  Public  Works ;  and  for  the  purpose  of  the  public  bidding  on 
the  executed  works,  the  valuation  made  and  approved  in  accordance 
with  the  provisions  of  the  preceding  article  shall  serve  as  a  basis. 

(Articles  69,  70,  71,  and  72  of  the  Law.) 

ART.  32.  During  the  period  set  forth  in  Article  64  of  the  Law  of 
Public  Works,  there  shall  be  admitted  in  the  General  Government  of  the 
Island  all  the  projects  presented  by  individuals  or  companies  to  carry 
on  the  work,  the  concession  of  which  may  have  been  requested. 

In  said  case,  in  order  that  the  projects  may  be  admitted,  they  shall 
be  accompanied  by  a  document  which  proves  that  the  deposit  of  1  per 
cent,  designated  in  Article  23  of  these  Regulations,  has  been  made. 

ART.  33.  When  more  than  one  project  shall  have  been  presented  for 
the  same  work,  there  shall  be  a  comparison  on  the  ground  made  for 
each  one  of  them;  and  the  investigations  provided  by  Article  24  shall 
include  the  advantages  or  disadvantages  which  may  result  from  their 
comparison,  in  order  to  ascertain  which  is  preferable.  The  same  object 
shall  be  kept  in  mind  by  the  Consulting  Board  of  Roads,  Canals,  and 
Ports,  or  by  the  Royal  Academy  of  San  Fernando,  as  the  case  may  be, 
on  investigating  the  proceedings  of  the  concession  in  the  mauner  pro- 
vided by  Article  26. 

When  the  report  shall  have  been  mp.de  by  the  proper  corporation, 
the  proceedings  shall  pass  to  the  Division  of  Public  Works  of  the 
Council  of  State,  and  after  this  requisite  has  been  complied  with,  there 
shall  be  decided  by  Royal  Decree  the  preference  which  shall  in  each 
case  be  given  to  one  of  the  several  competing  projects,  in  order  to  grant 
its  author  the  concession  requested. 

The  petitioner  or  petitioners  whose  projects  shall  have  been  rejected 
shall  have  no  right  to  any  claim  whatsoever. 

(Article  62  of  the  Law.) 

ART.  34.  When,  from  the  investigations  instituted,  there  should 
result  an  equality  among  the  conditions  of  two  or  more  projects  pre- 
sented for  the  same  work,  the  concession  shall  be  made  after  public 
bidding  and  on  the  basis  of  the  project  which  shall  first  have  been 
presented  to  the  Colonial  Department  or  to  the  General  Government, 
excepting  the  modifications  introduced  therein  in  consequence  of  exam- 
inations which  shall  have  been  made  in  compliance  with  the  provisions 
of  these  Regulations. 

The  petitioner  of  the  first  project  shall  in  such  case  show  his  accept- 
ance of  the  modifications  introduced  and  his  consent  to  the  bidding. 
If  he  shall  refuse  to  do  either,  his  project  shall  be  ignored  and  it  shall 
be  returned  to  him,  together  with  the  deposit  which  he  may  have  made. 


42 

Then  the  person  who  presented  the  second  project  shall  have  this 
privilege,  and  so  on,  observing  the  same  procedure;  and  if  none  of  the 
petitioners  signifies  his  acceptance,  it  shall  be  declared  that  there  will 
be  no  grant  of  the  concession. 

-{Article  63  of  the  Law.) 

ART.  35.  When  the  Colonial  Department  shall  have  once  decided 
that  the  concession  be  granted  after  public  bids,  before  announcing 
the  sale  the  project  which  shall  serve  as  the  basis  of  the  bidding,  in 
accordance  with  the  provisions  of  the  preceding  article,  shall  be 
appraised. 

The  appraisement  shall  be  made  independently  by  experts  named, 
one  by  the  Governor-General  and  the  other  by  the  interested  petitioner. 
In  case  of  disagreement,  a  third  shall  be  named  by  agreement  of  these 
two;  and  if  this  agreement  can  not  be  reached,  the  appointment  shall 
be  made  by  the  proper  judicial  authority. 

In  the  appraisal  there  shall  be  included  the  material  expenses  of  all 
kinds  occasioned  by  the  drawing  of  the  project,  and  also  the  proper  inter- 
est on  the  principal  advanced  to  pay  for  these  expenses.  To  the  appraisal 
thus  made  shall  be  added  the  fees  of  the  experts.  When  the  appraisal 
has  thus  been  made,  it  shall  be  sent  for  the  approval  of  the  Colonial 
Secretary,  who,  before  rendering  a  decision,  shall  hear  the  Consulting 
Board  of  Eoads,  Canals,  and  Ports. 

(Article  63  of  the  Law.) 

ART.  36.  When  the  amount  of  the  value  of  the  project  has  been 
determined,  the  public  sale  of  the  concession  shall  be  announced  for  a 
period  determined  by  the  Colonial  Secretary ;  and  at  this  sale,  there 
may  take  part  not  only  the  authors  of  the  projects  presented,  but  also 
all  those  who  may  desire  the  concession,  providing  they  show  that  they 
have  made  the  deposit  of  1  per  cent  of  the  estimate  of  the  works. 

The  bidding  shall  take  place  in  the  capital  of  Puerto  Eico  before  the 
Governor-General,  and  shall  be  based  in  the  first  place  on  reductions 
in  the  schedules  of  rates  of  the  concession  which  may  have  been  fixed 
in  the  manner  prescribed  by  the  third  paragraph  of  article  28. 

The  proposals  shall  be  sealed  and  in  strict  accordance  with  the  form 
which  shall  be  presented,  wherein  shall  appear  in  writing  the  per  cent 
of  reduction  which  the  bidder  agrees  to  make  on  the  amount  fixed 
for  the  sale,  this  percentage  being  the  same  and  the  only  percentage 
for  all  parts  of  the  schedule. 

When  the  propositions  presented  shall  have  been  read,  the  person 
who  signed  the  one  offering  the  greatest  reduction  shall  be  declared 
the  best  bidder,  and  a  minute  of  the  sale  shall  be  made,  which  shall  be 
sent  for  the  approval  of  the  Colonial  Secretary. 

(Article  63  of  the  Law.) 

ART.  37.  If  from  the  reading  of  the  propositions  it  should  appear 
that  two  or  more  equally  advantageous  ones  have  been  presented, 
there  shall  immediately  be  a  new  open  bidding,  in  which  only  those 


43 

shall  take  part  who  have  signed  equal  propositions.  This  bidding 
shall  be  based  on  the  reduction  of  the  number  of  years  which,  in  accord- 
ance with  paragraph  4  of  Article  28  of  these  Regulations,  shall  have 
been  fixed  for  the  concession,  and  shall  last  at  least  fifteen  minutes, 
after  which  it  shall  terminate  when  the  President  so  orders,  after  hav- 
ing given  warning  three  times. 

(Article  63  of  the  Law.) 

ART.  38.  In  all  matters  not  expressly  modified  by  the  preceding 
articles,  the  instructions  approved  the  18th  of  March,  1852,  for  the 
conduct  of  public  biddings  for  public  service,  shall  govern;  it  being 
understood  that  the  deposit  to  take  part  in  the  bidding  shall  only  be 
required  from  those  who  are  not  authors  of  projects  previously  pre- 
sented and  not  withdrawn  or  returned  for  lack  of  fulfillment  of  the 
requisites  referred  to  in  Article  34  of  these  Eegulations. 

The  petitioner  whose  project  shall  serve  as  the  basis  of  the  bids 
shall  reserve  the  right  in  all  cases  of  preference  on  equal  terms,  and, 
in  consequence  thereof,  of  being  declared  the  person  to  whom  the  con- 
cession is  awarded  for  the  amount  which  shall  have  been  offered  by 
the  best  bidder.  In  order  to  exercise  this  privilege,  he  shall  take  part, 
either  personally  or  by  representative  duly  authorized,  in  the  bidding, 
which  shall  be  extended  for  half  an  hour  in  order  that  the  interested 
party  may  make  the  proper  declaration,  which,  in  a  proper  case,  shall 
be  stated  in  the  minutes  of  the  bidding.  If  this  half  hour  shall  elapse 
without  a  declaration  being  made,  it  shall  be  understood  that  the 
petitioner  renounces  the  right  to  preference  on  equal  terms,  and  the 
President  shall  declare  the  best  bidder  the  signer  of  the  proposition 
which  is  most  advantageous. 

(Articles  63  and  73  of  the  Law.) 

ART.  39.  If  the  person  to  whom  the  award  is  made  shall  not  be  the 
signer  of  the  proposition  whose  project  shall  serve  as  the  basis  of  the 
bids,  he  shall  be  obliged  to  pay  the  latter,  within  the  period  of  one 
month,  the  amount  of  the  appraisal  of  the  project  made  in  the  manner 
prescribed  by  Article  35  of  these  Eegulations. 

(Article  63  of  the  Law.) 

ART.  40.  When  one  of  the  concessions  included  in  the  present  chapter 
of  these  Eegulations  shall  be  granted,  Engineers  of  the  Government 
shall  have  the  supervision  of  the  execution  of  the  works,  in  order  that 
they  may  be  constructed  in  accordance  with  the  approved  plans.  In  the 
same  manner  they  shall  have  the  supervision  of  the  inspection  before 
the  work  is  turned  over  to  the  public  service,  making  a  minute  of  this 
inspection,  whicli  shall  be  sent  to  the  Colonial  Department;  and  lastly, 
they  shall  supervise  the  operation,  in  order  that  this  may  be  carried  out 
in  accordance  with  the  stipulated  conditions. 

(Article  65  of  the  Law.) 


44 
CHAPTER  IIL 

CONCESSIONS    TO    EXECUTE    WITH    SUBSIDY  WORKS    IN    CHARGE    OP 

THE   STATE. 

ART.  41.  When  the  work  included  in  the  plans  of  the  State  is  in 
question,  by  the  method  of  concession  to  individuals  or  Companies  and 
with  a  subsidy  in  any  of  the  manners  provided  in  Article  74  of  the 
general  Law  of  Public  Works,  the  provisions  of  articles  20  to  26  of 
these  Eegulations  shall  be  observed  in  relation  to  the  plans. 

The  investigations  provided  for  in  article  24  shall  be  applied  in  this 
case  to  the  necessity  of  the  subsidy  and  the  amount  of  the  same. 

The  project,  with  the  schedule  of  rates  proposed  for  the  use  and  profit 
of  the  work,  and  the  investigations  which  shall  have  been  made  in  the 
proceedings,  shall  be  then  sent  to  the  Consulting  Board  of  Eoads, 
Canals,  and  Ports  for  the  final  decison  of  the  Colonial  Secretary,  con- 
cerning the  approval  of  the  plans  and  proceeding  to  draw  the  basis 
for  the  grant  of  the  concession,  and  for  the  collection  of  the  means 
specified  in  the  Schedules,  as  well  as  the  special  conditions  as  to  the 
points  mentioned  in  Article  28  of  these  Eegulations,  in  regard  to  all  of 
which  the  petitioner  must  express  his  acceptance. 

In  the  same  manner  the  kind  of  subsidy,  its  amount,  and  the  times 
and  manner  in  which  it  shall  be  paid  to  the  concessionaire  in  accord- 
ance with  what  may  be  determined  on,  shall  be  fixed,  according  to  the 
nature  of  the  works  and  the  special  laws  and  ^Regulations  for  their 
execution. 

(Articles  76, 77,  and  78  of  the  Law.) 

ART.  42.  When  the  bases  of  the  concession  have  been  agreed  on  and 
mutually  accepted,  the  appraisal  of  the  accepted  project  shall  be  made, 
which  shall  be  done  in  the  manner  provided  by  Article  35  of  the  Eegu- 
lations. 

(Article  78  of  the  Law.) 

ART.  43.  With  the  facts  referred  to  in  the  two  preceding  articles,  the 
Colonial  Secretary  shall  present  to  the  Cortes  the  form  of  law  for  the 
granting  of  the  concession. 

When  the  Law  is  promulgated  the  concession  shall  be  offered  at  pub- 
lic auction  for  the  period  of  three  months.  No  one  may  take  part  in 
these  auctions  except  those  who  prove  that  they  have  made  the  deposit 
of  1  per  cent  of  the  estimate,  as  a  guaranty  of  the  fulfillment  of  the  offers 
which  they  make.  The  approved  estimate  shall  serve  as  the  basis  of 
the  bids,  which  shall  be  made  on  the  reduction  of  the  amount  of  the 
subsidy. 

The  bidding  shall  be  made  in  accordance  with  the  existing  rules,  and 
the  signer  of  the  most  advantageous  proposition  shall  be  declared 
the  best  bidder,  a  memorandum  being  made  thereof,  which  should  be 
submitted  for  the  approval  of  the  Colonial  Secretary. 

(Articles  78,  79,  and  80  of  the  Law.) 

ART.  44.  In  case  of  equal  proposals  concerning  the  amount  of  the 


45 

subsidy,  another  bidding  shall  be  made  within  the  period  of  ten  days, 
by  means  of  sealed  bids. 

In  this  bidding  only  those  who  have  signed  the  propositions  which 
appear  equal  shall  take  part,  whose  deposits  shall  be  retained.  This 
second  bidding  shall  take  place  on  the  basis  of  the  reduction  of  the 
schedule  of  rates,  in  the  manner  provided  for  by  Article  36.  If  in  this 
auction  no  bid  whatsoever  shall  be  made,  or  if  there  should  again 
result  an  equality  of  the  best  propositions,  there  shall  immediately  be 
an  open  bidding  made,  based  on  a  reduction  in  the  time  of  the  conces- 
sion, in  the  manner  provided  for  by  Article  37.  If  the  proposer  should 
not  make  any  bid  at  this  open  bidding,  the  one  who  shall  have  drawn 
the  lowest  number  referred  to  in  Article  13  of  the  instructions  of  the 
18th  of  March,  1852,  shall  be  declared  the  best  bidder ;  this  drawing 
by  lot  shall  be  made  before  the  same  auction  board  referred  to  in  the 
preceding  article  of  these  Eegulations. 

(Article  79  of  the  Law.) 

ART.  45.  The  petitioner  whose  project  shall  have  served  as  the  basis 
for  the  auction,  in  case  he  shall  not  have  been  declared  the  best  bidder, 
shall  reserve  the  right  of  preference  on  equal  terms,  of  which  he  may 
take  advantage,  thus  declaring  at  the  time  of  the  bidding,  in  the  same 
manner  as  is  provided  in  Article  38  of  these  Eegulations.  In  such 
case  the  bid  shall  be  awarded  him  and  the  concession  shall  be  granted 
to  him 

If  the  petitioner  does  not  take  advantage  of  this  right  the  bid  shall 
be  awarded  and  the  concession  shall  be  granted  to  the  best  bidder; 
but  in  such  case  the  latter  shall  be  obliged  to  pay  to  the  petitioner  who 
presented  the  approved  project,  within  the  term  of  one  month,  the 
amount  of  the  appraisal,  made  in  the  manner  provided  by  Article  42. 

(Article  79  of  the  Law.) 

ART.  46.  When  the  concession  is  granted,  the  concessionaire  shall 
deposit  in  the  proper  place  the  guaranty  for  the  security  of  the  fulfill- 
ment of  his  obligations.  This  guaranty  shall  in  such  case  be  an 
amount  equivalent  to  5  per  cent  of  the  estimate  of  the  works  included 
in  the  approved  plan. 

The  guaranty  shall  be  made  within  fifteen  days,  counting  from  the 
date  on  which  the  interested  party  is  notified  of  the  granting  of  the 
concession,  for  which  purpose  he  must  give  a  receipt,  which  shall  show 
the  date  on  which  such  notice  was  given  him. 

If  the  concessionaire  allows  the  time  fixed  to  elapse  without  having 
deposited  the  guaranty,  the  award  shall  be  declared  without  effect, 
the  concession  being  again  open  to  public  bids  for  the  period  of  forty 
days,  and  the  interested  party  forfeiting  the  deposit  of  1  per  cent. 

The  guaranty  referred  to  in  this  article  shall  not  be  returned  to  the 
concessionaire  until  the  day  when,  being  finished,  the  works  shall  be 
turned  over  to  the  public  service,  after  the  proper  authorization  to  that 
effect. 

(Article  81  of  the  Law.) 


46 

ART.  47.  No  modifications  can  be  introduced  in  the  approved  project 
for  subsidized  works  without  the  prerequisites  demanded  by  Article  83 
of  the  general  Law  of  Public  Works,  the  consequences  of  such  varia- 
tions being  those  set  forth  in  Article  84  of  the  same  Law. 

(Articles  83  and  84  of  the  Law.) 

ART.  48.  The  concession  of  a  subsidized  work  shall  be  forfeited 
whenever  its  stipulations  shall  not  be  complied  with.  The  forfeiture 
shall  in  such  case  be  declared  by  Royal  Decree  issued  by  the  Colonial 
Secretary,  and  it  shall  not  be  decreed  without  previous  proceedings,  in 
which  the  interested  party  shall  be  heard,  and  in  which  the  Consulting 
Board  of  Roads,  Canals,  and  Ports  and  the  full  Council  of  State  shall 
report. 

Every  forfeiture  shall  carry  with  it  the  loss  of  the  guaranty  given 
by  the  concessionaire,  to  whom  there  remains  the  appeal  by  way  of  the 
administrative  jurisdiction  of  contests,  in  order  to  make  such  claims  as 
may  be  deemed  proper  according  to  the  provisions  of  Article  88  of  the 
general  Law  of  Public  Works. 

(Articles  85  and  88  of  the  Law.) 

ART.  49.  In  case  of  force  majeure  the  Colonial  Secretary  may  grant 
an  extension  for  the  completion  of  the  works,  in  conformity  with  the 
provisions  of  paragraph  2  of  Article  86  of  the  Law.  In  order  to  grant 
it,  a  second  proceeding  shall  be  necessary,  which  shall  serve  as  the 
basis  of  a  petition  of  the  concessionaire,  stating  the  reasons  on  which 
the  request  is  founded  and  indicating  the  duration  of  the  extension. 

When  the  petition  of  the  concessionaire  is  presented  to  the  Governor- 
General,  an  investigation  shall  be  held,  in  which  shall  be  heard  the 
Provincial  Deputation,  the  Board  of  Agriculture,  Industry,  and  Com- 
merce of  the  place  where  the  work  is  situated,  and  the  Chief  Engineer 
of  Public  Works. 

There  shall  also  be  heard  the  officers  and  corporations  that  the 
Colonial  Secretary  shall  designate,  as  the  case  may  demand. 

The  investigation  shall  deal  with  the  facts  stated  by  the  concession- 
aire in  his  petition  and  the  other  facts  which  the  Colonial  Secretary 
shall  deem  pertinent  in  connection  with  the  matter.  The  Chief  Engi- 
neer shall,  moreover,  discuss  the  question  and  state  whether,  in  his 
opinion,  the  time  requested  is  considered  sufficient  or  excessive  for  the 
termination  of  the  works  which  still  remain  to  be  executed. 

The  proceedings  shall  be  sent  by  the  Governor-General,  with  his  own 
opinion,  to  the  Colonial  Secretary,  who,  after  hearing  the  opinion  of  the 
Consulting  Board  of  Eoads,  Canals,  and  Ports  and  the  full  Council  of 
State,  shall  decide  upon  the  requested  extension. 

In  no  case  shall  the  extension  be  granted  for  a  number  of  years 
greater  than  that  which,  according  to  the  stipulations  of  the  original 
conditions  of  the  concession,  shall  elapse  between  the  beginning  and 
the  termination  of  the  works. 

(Article  86  of  the  Law.) 


47 

ART.  50.  In  case  the  operation  of  the  subsidized  work  shall  be  inter- 
rupted, the  provisions  of  Article  87  of  the  general  Law  of  Public  Works 
shall  be  followed. 

(Article  87  of  the  Law.) 

ART.  51.  When  the  forfeiture  of  a  concession  is  declared,  the  Engi- 
neers of  the  State  shall  proceed,  at  the  expense  of  the  concessionaire, 
to  the  appraisal  of  the  executed  works,  according  to  the  provisions  of 
Article  89  of  the  Law  and  of  Article  30  of  these  .Regulations  concern- 
ing concessions  without  subsidies. 

When  this  appraisal  has  been  made  and  duly  approved,  the  biddings 
referred  to  in  Articles  89  and  90  of  the  said  general  Law  shall  be  pro- 
ceeded with,  the  said  appraisal  serving  as  the  basis  therefor,  and  the 
proceedings  following  the  provisions  of  Articles  94,  92,  and  93  of  the 
same  Law. 

(Articles  89,  90,  91,  92,  and  93  of  the  Law.) 

ART.  52.  Articles  32  and  33  of  these  Eegulations,  concerning  the 
admission  of  projects  for  the  same  work  and  the  selection  by  the  Colo- 
nial Secretary  of  those  which  offer  the  greatest  advantages,  shall  be 
applicable  to  the  case  of  a  petition  for  subsidized  concessions.  The  same 
is  true  of  Article  34,  concerning  the  acceptance  by  the  petitioners  of 
the  modifications  which  the  superior  authority  may  deem  proper  to 
introduce  in  the  projects  for  the  bases  of  the  concession.  In  view  of 
all  these  proceedings,  there  shall  be  declared  which  of  the  projects  pre- 
sented is  the  one  which  shall  serve  as  the  basis  for  the  biddings,  it 
being  always  understood  that  in  case  of  equality  of  all  other  circum- 
stances, this  declaration  shall  be  made  in  favor  of  the  project  which  was 
first  presented. 

(Article  79  of  the  Law.) 

ART.  53.  When  the  project  which  shall  serve  as  the  basis  for  the 
public  bidding  shall  be  determined  on,  the  proceedings  shall  follow  the 
provisions  of  the  various  articles  of  this  chapter  for  cases  in  which  there 
is  only  one  project,  and  the  signer  of  the  one  selected  shall  have  the 
rights  which  are  reserved  to  him  by  Article  45  of  these  Eegulations. 

(Article  79  of  the  Law.) 

ART.  54.  When,  at  the  cost  of  the  State  and  according  to  the  provi- 
sions of  Article  27  of  the  general  Law  of  Public  Works,  a  work  shall 
be  executed  for  the  use  and  profit  of  which  rates  have  been  estab- 
lished, the  operation  shall  be  carried  on  by  contract  in  accordance  with 
the  provisions  of  this  chapter  in  so  far  as  they  may  be  applicable  to  this 
case. 

Nevertheless  when,  after  the  proceedings  prescribed  by  said  article 
of  the  Law,  it  is  declared  convenient  that  the  operation  shall  be  carried 
on  at  the  expense  of  the  State,  said  operation  shall  be  made  by  manage- 
ment and  in  accordance  with  the  special  instructions  which  in  each  case 
shall  be  given  by  the  Colonial  Secretary. 

(Article  27  of  the  Law.) 


48 

ART.  55.  Besides  the  supervision  which  the  Engineers  of  the  Govern- 
ment shall  exercise  over  the  execution  of  the  works  and  their  operation, 
as  provided  by  Article  40  of  these  Eegulations,  concerning  works  with- 
out subsidy,  said  officials  shall,  in  the  cases  included  in  this  Chapter 
III,  examine  into  the  conditions  under  which  the  concessionaire  shall 
receive  the  subsidy,  so  that  in  this  connection  the  stipulations  shall 
also  be  strictly  carried  out. 

(Article  82  of  the  Law.) 

TITLE  8ECO1SD. 

PROVINCIAL  WORKS. 

CHAPTER  IV. 

PROJECTS  AND  EXECUTION  OF  WORKS  BY  ORDINARY  CONTRACTS. 

ART.  56.  The  roads  and  ports  for  their  respective  territories  which 
are  of  merely  provincial  interest,  and  the  sanitation  of  lakes  and 
marshes,  referred  to  in  the  third  paragraph  of  Article  5  of  the  Law,  are 
in  charge  of  the  Provinces,  in  accordance  with  Article  5  of  the  general 
Law  and  the  special  law  of  Public  Works. 

The  plans  of  the  works  which  are  to  be  in  charge  of  the  Deputation, 
shall  be  made  as  determined  by  the  Kegulations  for  the  execution  of 
the  special  law  of  Public  Works. 

(Articles  5,  10,  and  34  of  the  Law.) 

ART.  57.  When  the  plans  of  the  works  which  are  to  be  in  their 
charge  are  made  by  the  Deputation,  they  shall  be  sent  to  the  Colonial 
Department  by  the  Governor- General,  with  his  report,  showing  the 
reasons  therefor. 

His  approval,  if  proper,  shall  be  made  by  Eoyal  Decree,  published 
by  the  Colonial  Secretary. 

(Article  34  of  the  Law.) 

ART.  58.  When  the  plans  of  the  works  of  the  Provinces  have  been 
once  approved,  the  order  of  preference  fixed  for  them  shall  not  be 
changed  in  the  execution  thereof,  unless  after  a  proposal  of  the  Depu- 
tation assigning  reasons  therefor,  which  shall  be  submitted  to  the 
report  of  the  Municipal  Councils  of  the  towns  interested  in  the  pro- 
posed works,  and  of  the  Chief  Engineer  of  the  Province. 

The  Governor  shall  send  the  proceedings,  with  his  report,  to  the 
Colonial  Secretary,  who  shall  decide  on  the  proposal  by  means  of  a 
Eoyal  Decree,  after  hearing  the  opinion  of  the  Consulting  Board  of 
Eoads,  Canals,  and  Ports. 

(Article  34  of  the  Law.) 

ART.  59.  Before  the  execution  of  any  work  included  in  the  plan  of 
the  Province,  there  shall  first  be  a  resolution  of  the  Deputation,  which 
shall  in  such  case  order  the  Engineer  or  his  assistant  in  charge  of  pro- 
vincial works,  to  proceed  to  the  study  of  the  respective  project.  This 


49 

project  shall  follow,  in  its  draft,  the  same  formulas  prescribed  for  the 
works  of  the  State,  and  when  it  has  been  once  finished,  shall  pass  for 
the  report  of  the  Chief  Engineer  of  the  Province. 

When  this  report  is  made,  if  it  should  be  favorable,  the  Deputation 
may  approve  the  project,  or  otherwise  adopt  the  necessary  measures 
for  its  modification,  in  accordance  with  the  report  which  may  be  made 
by  the  Engineer. 

If  the  Deputation  is  not  satisfied  with  the  report  made  by  the  Chief 
Engineer,  it  shall  send  the  project  to  the  Governor- General,  in  order 
that  it  may  be  submitted  to  the  superior  authority ;  the  Colonial  Depart- 
ment deciding  in  such  case  by  means  of  a  Royal  Decree,  after  hearing 
the  opinion  of  the  Consulting  Board  of  Eoads,  Canals,  and  Ports. 

(Article  16  of  the  Law.) 

ART.  60.  When  the  execution  of  a  work  of  those  included  in  the 
plan  shall  be  decided  on  by  the  Deputation,  and  the  project  approved 
in  the  manner  indicated  by  the  preceding  articles,  the  necessary  credit 
for  its  execution  shall  be  included  in  the  provincial  budget. 

The  work  may  be  carried  on  by  management  or  contract,  which 
shall  be  decided  on  by  the  Deputation,  after  hearing  the  opinion  of  the 
expert  in  charge  of  provincial  works,  on  this  point. 

(Articles  36  and  39  of  the  Law.) 

ART.  61.  If  the  works  shall  be  executed  by  management,  it  shall  be 
directed  by  the  technical  agents  of  the  Deputation,  and  in  accordance 
with  the  instructions  which  these  may  give,  with  the  approval  of  the 
provincial  corporation. 

If  it  shall  be  made  by  contract,  this  can  not  be  carried  out  without 
public  bidding,  in  accordance  in  all  respects  to  what  is  prescribed  for 
similar  cases  by  the  laws  for  the  works  in  charge  of  the  State,  in 
Chapter  I  of  these  Eegulations. 

(Articles  39  and  40  of  the  Law.) 

ART.  62.  When  a  work  which  is  not  contained  in  any  of  the  plans  of 
the  province  is  in  question,  and  it  is  nevertheless  deemed  necessary  to 
execute  it  before  the  above-mentioned  plans,  there  must  in  all  cases  be 
first  made  the  declaration  referred  to  in  the  second  paragraph  of  Article 
36  of  the  general  Law  of  Public  Works. 

For  this  declaration  the  proceedings  to  be  followed,  shall  be  started 
on  the  proposal  of  the  Provincial  Deputation  made  to  the  Governor, 
which  must  be  accompanied  by  the  project  of  the  work  in  question. 
The  Governor  shall  submit  this  proposition  to  the  same  proceedings  to 
which  the  formation  of  plans  of  provincial  works  are  subject,  thereafter 
sending  them,  with  his  own  report,  to  the  Colonial  Secretary. 

The  proceedings  shall  pass  for  the  report  of  the  Consulting  Board  of 
Roads,  and  shall  finally  be  decided  by  means  of  a  Royal  Decree  con- 
cerning the  requested  declaration. 

The  information  above  mentioned  shall  not  be  necessary  when  there 
21690 4 


50 

shall  have  been  promulgated  a  law  authorizing  the  execution  of  the 
work. 

In  case  the  work  be  of  such  nature  as  not  to  correspond  with  those 
which,  according  to  special  laws,  are  covered  by  the  plans  of  the  prov- 
inces, after  the  investigation  shall  have  been  made,  there  shall  be 
presented  to  the  Cortes  by  the  Colonial  Secretary  a  form  of  decree,  in 
order  that  its  execution  may  be  authorized  by  the  legislative  power. 

(Article  36  of  the  Law.) 

ART.  63.  There  shall  precede  in  all  cases  the  concession  of  public 
domain  and  the  declaration  of  public  utility  to  the  execution  of  every 
provincial  work  which  is  not  included  in  the  respective  plans,  in 
accordance  with  the  provisions  of  the  general  Law  of  Public  Works, 
and  according  to  the  proceedings  prescribed  by  title  fourth  of  the 
present  Regulations.  Exception  is  made  of  the  cases  provided  for  in 
the  previous  article,  when  the  authorization  should  have  been  or  shall 
be  granted  by  law. 

(Article  36  of  the  Law.) 

ART.  64.  The  works  of  repair  and  of  preservation  of  the  provincial 
works  shall  be  carried  out  in  accordance  with  the  credits  which  for  this 
purpose  shall  be  included  in  the  budgets  of  the  Deputation  as  obliga- 
tory expenses,  according  to  the  provisions  of  Article  76,  paragraph  3, 
of  the  law  of  May  24, 1878,  ordered  to  be  carried  out  in  Puerto  Kico  on 
June  17  of  the  same  year,  and  according  to  the  provisions  of  Article 
15  of  the  general  Law  of  Public  Works.  The  experts  in  charge  of 
public  works  shall  make  an  estimate  of  the  repairs,  approval  of  which 
shall  always  precede  their  execution,  as  well  as  the  annual  estimates 
for  preservation  which  shall  be  indispensable  and  sufficient  for  the 
existing  works  of  the  province  which  are  in  charge  of  the  Deputation. 
The  amounts  calculated  by  the  technical  officials  for  such  objects  shall 
be  necessarily  included  among  the  obligatory  expenses. 

(Articles  15  and  42  of  the  Law.) 

ART.  65.  When  the  work  which  is  to  be  executed  may  be  the  subject 
of  operation  with  profit,  the  Deputation  shall  make  the  list  of  rates 
which  it  considers  proper  to  establish  for  its  use  and  profit  and  shall 
send  it  to  the  Governor  of  the  province.  The  latter  shall  send  it  to 
the  Colonial  Department,  with  his  own  report,  after  hearing  the  Chief 
Engineer  of  the  province.  The  approval  of  the  establishment  of  rates 
and  of  the  instructions  for  their  application  shall  be  made  by  means  of 
a  Royal  Decree  by  the  said  Department,  with  the  consent  of  the  Coun- 
cil of  Secretaries. 

(Article  38  of  the  Law.) 

ART.  66.  The  appointment  of  an  expert  or  experts,  who  shall  be 
charged  with  the  direction  of  public  works,  shall  be  freely  made  by 
the  Deputation;  but  this  appointment  shall  always  be  of  individuals 
who  shall  be  Engineers  of  the  Corps  of  Roads,  Canals,  and  Ports,  or 
at  least  Assistants  of  Public  Works.  In  each  case  the  salary,  as  well 


51 

as  the  indemnity  which  shall  be  given  to  said  officials  for  the  expenses 
arising  from  the  service,  shall  be  paid  from  the  provincial  funds. 

(Article  40  of  the  Law.) 

ART.  67.  In  the  same  manner,  the  Deputation  shall  have  the  right, 
in  the  form  in  which  it  may  be  deemed  convenient,  to  organize  the  sub- 
ordinate personnel  of  all  kinds  which  may  have  to  aid  the  Chief 
Expert  in  carrying  out  his  duties,  as  well  as  the  appointment  of  this 
personnel;  all  being  at  the  suggestion  of  the  said  Chief. 

(Article  40  of  the  Law.) 

ART.  68.  The  Engineers  of  Eoads,  Canals,  and  Ports  who  may  be 
named  by  the  Deputation  for  the  direction  of  the  service  of  provincial 
works,  shall  preserve  all  their  rights  under  the  Kegulations  as  indi- 
viduals of  the  Corps  to  which  they  belong,  in  the  same  manner  as  if 
they  were  in  the  service  of  the  State. 

Similar  rights  shall  be  enjoyed  by  the  Assistants  of  Public  Works 
who  may  be  named  for  the  same  duties,  and  the  same  benefit  shall 
inure  to  the  overseers  of  the  said  branch  who  may  form  part  of  the 
subordinate  personnel  of  the  provincial  service. 

(Article  40  of  the  Law.) 

ART.  69.  The  public  works  which  are  executed  at  the  instance  of 
the  Provincial  Deputation  shall  be  executed  under  the  inspection,  in 
the  technical  branch,  of  the  Colonial  Department.  For  this  purpose  the 
Governor  may  order  that  they  be  inspected  during  their  construction 
by  the  Chief  Engineer  of  the  province  whenever  he  may  deem  this 
opportune. 

Besides  these  extraordinary  inspections,  the  Chief  Engineer  shall 
annually  make  other  ordinary  inspections  of  all  provincial  works. 

The  Engineer  shall  report  the  result  of  his  inspections  to  the  Gov- 
ernor of  the  province,  and  if  any  difficulty  is  noted  in  the  works  he 
shall  so  inform  the  latter. 

The  Governor,  in  view  thereof,  shall  give  his  orders  to  the  Deputation, 
in  order  that  the  difficulties  may  be  corrected.  If  the  Deputation 
should  refuse  to  do  so,  or  deem  it  proper  to  appeal  from  the  decision  of 
the  Authority,  the  proceedings  shall  be  carried  to  the  Colonial  Secretary, 
in  order  that  he  may  decide  the  question,  after  first  hearing  the  opinion 
of  the  Consulting  Board  of  Eoads,  Canals,  and  Ports. 

The  expenses  of  any  kind  which  may  be  caused  by  the  inspection  of 
provincial  works  shall  be  charged  to  the  Deputation. 

(Article  43  of  the  Law.) 

ART.  70.  Without  prejudice  to  the  inspections  referred  to  in  the  pre- 
ceding article,  every  provincial  work  shall  be  necessarily  inspected  by 
the  Chief  Engineer  of  the  Province  or  by  the  State  Engineer,  who  may 
be  designated  for  this  purpose,  before  turning  it  over  to  public  use,  and 
when  the  Deputation  declares  that  it  is  terminated. 

For  this  purpose,  when  such  case  is  believed  to  have  arisen,  the  Dep- 
utation shall  inform  the  Governor,  who  shall  order  that  the  Chief 


52 

Engineer  make  the  inspection.  Said  Engineer  shall  report  to  the 
Governor  the  result  of  his  commission;  and  if  there  are  any  defects 
found,  proceedings  shall  be  instituted  in  accordance  with  the  case  of 
the  preceding  article,  the  delivery  of  the  work  to  the  public  service 
being  suspended  until  the  authorization  of  the  Governor  or  of  the  Colo- 
nial Secretary  shall  have  been  given.  • 

(Article  43  of  the  Law.) 

ART.  71.  The  provisions  of  this  chapter  are  applicable  to  works 
called  civil  constructions,  devoted  to  the  service,  which  are  in  charge  of 
the  province,  without  any  other  difference  than  that  the  plans  shall 
be  gone  over,  when  the  direction  or  inspection  shall  be  made,  by  the 
proper  Architects,  in  accordance  with  the  provisions  of  Article  40  of 
the  general  Law. 

CHAPTER  V. 

CONCESSIONS  FOR   THE  EXECUTION  OP  PROVINCIAL  WORKS. 

ART.  72.  Every  public  work  in  charge  of  a  province,  which  is  included 
in  the  plans  of  the  same,  can  be  carried  out  by  the  method  of  conces- 
sion to  individuals  or  corporations  who  may  so  request,  after  the  pro- 
ceedings which  are  established  by  the  general  Law  of  Public  Works, 
and  those  determined  by  the  present  Eegulations. 

(Article  54  of  the  Law.) 

ART.  73.  The  concession  of  every  provincial  work  included  in  the 
approved  plans  shall  be  granted  by  the  Provincial  Deputation,  whether 
a  subsidy  of  any  kind  has  been  requested  for  its  execution,  or  whether 
in  any  manner  whatsoever  aid  from  the  provincial  funds  has  been 
demanded. 

(Articles  4  and  74  of  the  Law.) 

ART.  74.  In  case  the  work  is  requested  without  subsidy,  the  petitioner 
shall  present  to  the  Provincial  Deputation  the  project  of  the  work  which 
he  desires  to  carry  out.  For  this  purpose  he  may  request  the  Governor 
of  the  province  for  the  authorization  referred  to  in  Article  57  of  the 
general  Law  of  Public  Works,  an  authorization  which,  in  a  proper 
case,  shall  be  granted  with  similar  requisites  to  those  referring  to  works 
of  the  State,  as  determined  by  Article  21  of  the  present  Eegulations. 

The  projects  in  all  cases  shall  be  drawn  as  provided  for  by  Article  6. 

(Articles  56  and  57  of  the  Law.) 

ART.  75.  Within  the  period  designated  by  the  Governor,  the  peti- 
tioner shall  present  the  project  to  the  Deputation,  accompanied  by  a 
certificate  which  shows  that  he  has  delivered  in  the  depository  of  pro- 
vincial funds  an  amount  equivalent  to  1  per  cent  of  the  estimate. 

The  Secretary  of  the  Deputation  shall  give  the  interested  person  the 
proper  receipt,  stating  the  day  and  the  hour  on  which  he  shall  have 
received  the  project. 

(Article  58  of  the  Law.) 


53 

ART.  76.  The  project  shall  be  sent  to  the  Chief  of  the  technical 
service  of  provincial  works,  in  order  that  he  may  go  over  it  on  the 
ground.  The  said  Chief  shall  investigate  concerning  the  exactness  of 
the  facts  stated  in  the  project  and  concerning  all  the  technical  details, 
making  his  report  to  the^Deputation. 

This  corporation  shall  then  send  the  project  to  the  Chief  Engineer 
of  the  Province,  in  order  that  he  may  make  report  concerning  it  in  the 
manner  determined  by  Article  59  of  these  Regulations,  in  accordance 
with  which  the  further  proceedings  shall  follow  the  provisions  neces- 
sary for  the  approval  of  the  project  by  the  Deputation,  as  if  in  case  of 
a  disagreement  between  it  and  the  Chief  Engineer. 

When  works  in  connection  with  ports  are  in  question,  there  shall  be 
followed,  besides,  the  provisions  concerning  the  formation  of  plans 
established  in  the  special  law  and  determined  by  the  Regulations  for 
its  execution. 

(Article  59  of  the  Law.) 

ART.  77.  The  projected  schedules  of  rates  which  the  petitioner  pro- 
poses to  establish  for  the  use  and  profit  of  the  work  shall  be  submitted 
by  the  deputation  to  a  public  investigation,  in  which,  for  at  least  a 
period  of  ten  days,  there  shall  be  heard  claims  of  all  those  who  consider 
themselves  interested.  After  hearing  the  petitioner  as  to  these  claims, 
and  lastly  the  Municipal  Councils  of  the  districts  in  which  the  work  is 
to  be  executed,  the  Chief  of  the  service  of  provincial  works  and  the 
Chief  Engineer  of  the  province  shall  be  heard. 

When  the  proceedings  are  thus  closed,  the  Provincial  Deputation 
shall  decide  as  to  the  granting  thereof  by  means  of  a  resolution,  which 
shall  be  published  in  the  Gaceta  of  the  Island. 

In  this  resolution,  in  the  proper  case,  shall  be  inserted  the  essential 
conditions  of  the  concession,  which  shall  be  those  stated  in  the  general 
Law  of  Public  Works,  and  in  Article  28,  Chapter  II,  of  these  Regula- 
tions, for  concessions  of  works  in  charge  of  the  State. 

From  the  resolution  of  the  Deputation,  in  the  proper  case,  the  peti- 
tioner may  appeal  to  the  Colonial  Secretary  in  the  manner  provided  by 
Chapter  IV  of  the  provincial  law  in  force. 

(Articles  59  and  60  of  the  Law.) 

ART.  78.  When  the  concession  is  granted  and  the  proper  guaranty 
is  given,  the  concessionaire  shall  execute  the  works  in  strict  accord- 
ance with  the  stipulations,  and  under  the  supervision  of  the  technical 
officials  of  the  Deputation  and  the  inspection  of  the  State  Engineers. 

The  concessions  shall  be  forfeited  in  the  cases  prescribed  in  the 
conditions,  and  shall  be  declared,  if  there  be  proper  reason  for  it,  by 
the  Deputation,  after  previous  proceedings,  in  which  shall  be  heard  the 
interested  party,  who  shall  reserve  the  right  of  appeal  to  the  Colonial 
Secretary  from  the  resolution  of  said  corporation. 

In  case  an  appeal  is  made,  the  Colonial  Secretary  shall  decide,  after 
hearing  the  Consulting  Board  of  Roads,  Canals,  and  Ports,  the  conces- 


54 

sionaire  having  the  right  to  appeal  from  this  decision  by  means  of  the 
admi nistrative  liti gation .  .   J 

(Articles  8,  65,  and  68  ot  the  Law.) 

ART.  79.  The  consequences  of  forfeiture  and  the  proceedings  which 
have  to  follow  shall  be  those  which  are  provided  by  Chapter  II  of 
these  Eegulations  for  similar  cases  in  works  of  the  State,  it  being 
understood  that  the  appraisal  of  the  works  provided  for  by  Article  30 
shall  be  made  by  the  expert  agents  of  the  Province,  investigated  by 
the  Chief  Engineer  and  approved  by  the  Deputation,  with  the  right  of 
appeal  to  the  Government  in  cases  of  disagreement  between  them. 

(Articles  69,  70,  71,  and  72  of  the  Law.) 

ART.  80.  When  there  shall  have  been  presented  two  or  more  projects 
for  the  execution  of  the  same  work,  within  the  period  of  thirty  days, 
counting  from  the  time  in  which  the  first  petition  was  presented,  the 
comparison  referred  to  by  Article  76  and  other  investigations  of  the 
proceedings,  shall  be  made  in  connection  with  all  the  projects  pre- 
sented, making  a  note  of  the  advantages  or  disadvantages  of  each  one. 
In  this  case  the  Deputation  shall  select  for  the  granting  of  the  conces- 
sion the  one  which,  in  its  opinion,  offers  the  greatest  advantages. 

(Article  62  of  the  Law.) 

ART.  81.  In  case  there  should  result  from  the  investigation  an  equal- 
ity of  circumstances  between  the  projects  presented,  the  Deputation 
shall  resolve  to  proceed  to  a  public  auction,  on  the  basis  of  the  proper 
project,  in  accordance  with  the  provisions  of  Article  34  for  the  conces- 
sion of  State  works. 

The  appraisal  of  the  project  which  shall  serve  as  the  basis  of  the 
bids  shall  be  made  by  two  experts,  one  named  by  the  Deputation  and 
the  other  by  the  petitioner,  the  third  being  named  by  both  parties, 
and,  in  case  of  disagreement,  by  the  proper  judicial  authority. 

The  appraisal  shall  be  made  on  the  basis  designated  by  Article  35, 
and  shall  be  submitted  for  the  approval  of  the  Deputation,  which  shall 
decide,  after  first  hearing  the  expert  in  charge  of  provincial  works. 

(Article  63  of  the  Law.) 

ART.  82.  The  bidding  shall  take  place  before  the  Deputation,  and 
shall  follow  the  similar  rules  established  for  this  purpose  in  Articles  36 
and  37,  the  President  of  the  Board  having  the  right  to  declare  who  is 
the  best  bidder,  saving  the  approval  of  the  said  Corporation. 

The  author  of  the  project  which  shall  serve  as  the  basis  of  the  bid- 
ding reserves  the  right  of  preference  on  equal  terms,  and  that  of 
receiving  the  value  of  his  project,  according  to  the  appraisal,  in  a  simi- 
lar manner  to  the  provisions  of  Articles  38  and  39  of  these  Kegulations. 

(Articles  63  and  73  of  the  Law.) 

ART.  83.  When  an  individual  or  a  company  asks  for  the  concession 
of  a  work  included  in  one  of  the  plans  of  the  province,  with  subsidy 
or  aid  from  the  funds  of  the  same,  in  so  far  as  the  presentation,  pro- 
ceedings, and  approval  of  the  project  are  concerned,  the  provisions  of 


55 

Articles  74,  75,  and  76  of  these  Kegulations  shall  be  observed  and  con- 
cerning the  schedules  for  the  use  and  benefit  of  the  work,  it  shall  be 
subject  to  the  investigation  prescribed  by  Article  77. 

Thereafter  the  appraisal  of  the  project  shall  be  made,  which  shall  be 
carried  out  as  provided  for  this  purpose  by  the  rules  established  in 
Article  81. 

(Articles  76  and  77  of  the  Law.) 

ART.  84.  In  the  case  in  which  the  Deputation  shall  have  approved 
the  project,  the  rates,  and  other  documents  of  the  proceedings,  and 
provided  that  the  petitioner  accept  the  modifications  which  it  may  have 
been  deemed  convenient  to  introduce  into  them  by  reason  of  the  result 
of  the -investigations,  there  shall  follow  the  granting  of  the  concession 
which  is  within  the  power  of  a  provincial  Corporation,  after  public  bid- 
ding, at  which  the  approved  project  shall  serve  as  the  basis,  and  which 
shall  take  place  before  said  Corporation,  in  a  manner  similar  to  that 
provided  in  Articles  43  and  44  for  the  cases  of  works  of  the  State. 

In  the  same  case  the  author  of  the  proposal  whose  project  shall  have 
served  as  the  basis  of  the  bids  has  the  right  of  preference  on  equal 
terms,  and  to  the  payment  of  said  project,  in  accordance  with  provisions 
similar  to  those  set  forth  in  Article  45. 

(Articles  78,  79,  and  80  of  the  Law.) 

ART.  85.  The  guaranty  shall  be  deposited  in  the  depository  of  the 
Deputation,  following  in  all  respects  the  provisions  of  Article  46  of 
these  Regulations  on  this  point. 

Article  47,  concerning  modifications  in  projects,  and  Article  48,  con- 
cerning forfeitures,  which  in  this  case  shall  be  declared  by  the  Deputa- 
tions in  the  form  and  with  the  same  rights  of  appeal  as  those  set  forth 
in  the  second  paragraph  of  Article  78,  and  the  provisions  of  Article  79 
are  also  applicable  to  concessions  subsidized  with  provincial  funds. 

Article  49,  concerning  extension  for  the  termination  of  the  works, 
and  Article  50,  concerning  the  interruption  of  the  operation,  are  also 
applicable  to  the  case  referred  to  in  the  present  article. 

(Articles  81,  83,  84,  85,  86,  87,  88,  89,  90,  91,  92,  and  93  of  the  Law.) 

ART.  86.  When  there  shall  have  been  presented  two  or  more  propo- 
sitions to  execute  a  provincial  work  with  subsidy  within  the  time 
expressed  by  Article  80,  the  provisions  of  said  article  shall  be  applied 
for  the  selection  of  the  project  which  shall  serve  as  the  basis  of  the 
bids,  proceeding  to  the  appraisal  of  said  project,  and  thereafter  follow- 
ing, for  the  carrying  out  of  the  bidding  and  subsequent  proceedings, 
the  rules  established  in  Article  82  of  these  Begulations. 

(Article  79  of  the  Law.) 

ART.  87.  When  there  shall  have  been  executed,  at  the  expense  of 
the  Deputation,  a  work  which  may  be  the  subject  of  a  profitable  oper- 
ation, this  operation  shall  be  carried  on  by  contract,  the  concession 
thereof  being  awarded  to  the  best  bidder.  The  bidding  shall  take 
place  in  all  respects  in  accordance  with  the  provisions  of  this  chapter 


56 

for  concessions  of  works  without  subsidy,  and  there  shall  serve  as  a 
basis  for  the  bidding  the  schedule  of  rates  made  by  the  Deputation 
and  approved  in  the  manner  indicated  by  Article  65. 

If  the  provincial  Deputation  should  request  the  operation  referred 
to  in  this  article,  the  proper  proceedings  shall  be  instituted,  in  which 
the  Chief  Engineer,  the  Governor  of  the  Province,  and  the  Consulting 
Board  of  Eoads,  Canals,  and  Ports  shall  report  concerning  the  pro- 
priety of  the  petition,  in  view  of  which  the  Colonial  Secretary  shall 
decide  what  he  may  deem  proper. 

(Article  38  of  the  Law.) 

ART.  88.  The  officials  or  technical  employees  of  the  Deputation  shall 
carry  out  the  duties  which  belong  to  them  for  the  works  which  are 
executed  and  operated  in  accordance  with  the  stipulated  conditions, 
and  shall  exercise  the  proper  supervision,  in  order  that  the  concession- 
aire shall  not  receive  the  subsidy  except  at  the  times  and  in  the  manner 
provided  for  by  the  conditions. 

(Article  82  of  the  Law.) 

ART.  89.  The  Colonial  Secretary  shall  have  the  final  decision  con- 
cerning the  approval  of  projects,  granting  of  concessions,  declarations 
of  forfeiture,  and,  in  general,  concerning  all  the  proceedings  relative  to 
the  construction  of  provincial  public  works  in  which  the  interested 
individuals  or  Corporations  may  consider  themselves  prejudiced  by 
reason  of  the  resolutions  of  the  Deputation,  and  may  desire  to  make  use 
of  the  right  of  appeal  in  accordance  with  the  provisions  of  the  general 
Law  of  Public  Works. 

(Articles  8  and  16  of  the  Law  and  Chapters  VI  and  VII  of  the  same.) 

ART.  90.  The  provisions  contained  in  Chapters  II  and  III,  which  refer 
to  concessions  of  works  of  the  State,  and  which  have  not  been  expressly 
mentioned  in  the  present  chapter,  shall  be  applicable  to  concessions  of 
provincial  works,  with  the  modifications  required  by  the  various  cases, 
the  questions  which  may  arise  in  this  connection  concerning  the  appli- 
cation of  these  regulations  being  decided  according  to  the  spirit  of  said 
provisions. 

(Articles  6  and  7  of  the  Law.) 

TITLE  THIRD. 

MUNICIPAL  WORKS. 

CHAPTER  VI. 

PROJECTS  AND  THE  EXECUTION  OF  WORKS  BY  ORDINARY  CONTRACT. 

ART.  91.  Local  roads,  the  supply  of  water,  local  ports,  and  the  drain- 
age of  lakes  and  marshes  of  merely  municipal  interest,  are  in  charge  of 
the  Municipal  Councils,  in  accordance  with  Article  6  of  the  general  Law 
and  the  special  laws  of  Public  Works. 


57 

The  plans  of  the  works  of  the  Municipal  Councils  shall  be  made  in 
accordance  with  the  provisions  of  the  Regulations  for  the  execution 
of  the  special  laws  of  Public  Works. 

(Articles  6,  11,  and  44  of  the  Law.) 

ART.  92.  The  order  of  preference  stated  in  the  plan  of  the  Munici- 
pal Council  for  the  execution  of  the  work  can  not  be  changed  except  by 
virtue  of  a  proposal,  giving  reasons  therefor,  by  the  Municipality,  which 
shall  be  duly  approved  by  the  Governor,  after  hearing  the  Provincial 
Deputation  and  the  Chief  Engineer. 

(Article  44  of  the  Law.) 

ART.  93.  When  a  Municipal  Council  decides  on  the  execution  of  a 
work  included  in  the  plan  of  the  Municipality,  the  proper  project  shall 
first  of  all  be  made.  This  project  shall  be  drawn  in  accordance  with 
the  terms  then  in  force,  and  once  drawn  shall  be  presented  to  the  Gov- 
ernor for  approval,  who  shall  grant  it  only  after  hearing  the  Chief 
Engineer  of  the  Province. 

The  Governor,  when  works  of  great  importance  are  in  question,  or 
when  he  is  not  satisfied  with  the  opinion  of  the  Chief  Engineer,  shall 
submit  the  project  for  the  approval  of  the  Colonial  Secretary,  who 
shall,  before  granting  it,  hear  the  Consulting  Board  of  Roads,  Canals, 
and  Ports. 

After  the  project  is  approved,  the  Municipal  Council  shall  include  in 
the  Municipal  budget  the  corresponding  credit  to  carry  out  the  work. 

(Articles  18  and  44  of  the  Law.) 

ART.  94.  After  the  project  of  a  municipal  work  has  been  approved, 
and  the  proper  credit  incorporated  in  the  budget,  its  execution  shall  be 
proceeded  with  by  the  method  of  management  or  contract,  as  shall  be 
decided  on  by  the  Municipal  Council,  after  hearing  the  expert  who  shall 
have  drawn  the  plan. 

If  the  work  shall  be  carried  out  by  management,  it  shall  be  directed 
by  said  expert  in  accordance  with  the  instructions  in  force  for  municipal 
works.  In  case  it  shall  be  done  by  contract,  the  public  bidding  in  the 
manner  analogous  to  what  is  prescribed  by  these  Regulations  for  the 
works  of  the  State  and  of  a  Province,  is  an  indispensable  prerequisite. 

(Article  48  of  the  Law.) 

ART.  95.  When  a  work  not  included  in  the  plan  of  a  Municipality  is 
in  question,  there  shall  first  of  all  be  made  the  project  by  the  expert  to 
whom  the  Municipal  Council  shall  have  deemed  it  convenient  to  intrust 
this  work. 

When  the  project  is  drawn  it  shall  be  submitted  to  a  public  investi- 
gation at  which  shall  be  heard,  within  the  time  which  for  this  purpose 
is  designated  by  the  Municipal  Council,  all  individuals  who  desire  to 
make  any  claim  concerning  the  propriety  of  the  execution  of  the  work. 

After  this  investigation  is  had,  the  Municipal  Council  shall  send  the 
proceedings  to  the  Governor,  with  its  report  concerning  said  claims, 
and  said  authority  shall  decide  what  may  be  deemed  expedient,  after 


58 

hearing  the  opinions  of  the  Provincial  Deputation  and  the  Chief  Engi- 
neer. When  the  nature  of  the  work  requires  it,  he  shall  also  hear  the 
Marine  Authority  or  the  Military  Authority,  the  Provincial  Board  of 
Health,  and  the  Board  of  Agriculture,  Industry,  and  Commerce,  as  the 
case  may  be. 

From  the  decision  of  the  Governor,  the  Municipal  Council  may  appeal 
to  the  Colonial  Secretary  who,  after  heating  the  Consulting  Board  of 
Eoads,  Canals,  and  Ports,  shall  decide  without  further  recourse. 

(Article  46  of  the  Law.) 

ART.  96.  When  a  work  which  is  to  be  executed  affects  two  or  more 
Municipal  Councils,  the  decision  concerning  the  proposal  of  preference 
indicated  by  Article  92,  or  the  approval  of  the  project  referred  to  in 
Article  93,  or  the  other  points  indicated  in  Articles  94  and  95,  can  not 
be  made  unless  the  interested  Municipal  Councils  shall  have  come  to 
an  agreement,  and  unless  they  have  before  them  the  complete  project. 

If  there  should  be  any  difference  of  opinion  between  the  said  Munici- 
pal Councils,  the  Governor  shall  decide,  after  hearing  the  Chief  Engi- 
neer and  the  Provincial  Deputation,  the  Municipality  which  may  have 
considered  itself  prejudiced  having  the  right  of  appeal  to  the  Colonial 
Secretary. 

(Article  46  of  the  Law.) 

ART.  97.  For  the  construction  of  public  works  of  any  kind  Munic- 
ipal Councils  may  call  for  the  personal  aid  of  the  inhabitants  whenever 
the  ordinary  revenues,  or  any  other  income  devoted  to  such  objects, 
shall  not,  be  sufficient.  The  Municipal  Councils  in  such  cases  shall 
follow  the  provisions  of  Articles  71  and  75  of  the  Municipal  Law  of  May 
24, 1878,  and  the  other  provisions  in  force  concerning  this  matter. 

ART.  98.  Municipal  Councils  may  impose  special  taxes  for  the  use 
and  profit  of  the  works  which  are  executed  and  which  are  the  subject 
of  profitable  operation.  The  amount  of  taxes  shall  be  proposed  by 
the  Municipality  in  each  particular  case,  submitting  its  proposal  to  the 
Governor,  who,  with  his  report,  shall  submit  it  to  the  Colonial  Secretary, 
who  shall  decide,  by  Royal  Order,  concerning  the  approval  of  the  pro- 
posed tax,  communicating  the  proper  instructions  for  its  application  to 
the  work  in  question. 

(Article  27  of  the  Law.) 

ART.  99.  The  work  of  preservation  and  repair  of  existing  works  in 
each  Municipality  shall  be  paid  by  the  credits  previously  and  necessa- 
rily designated  for  this  purpose  in  the  Municipal  budget,  and  always 
after  these  budgets  have  been  drawn  and  approved  by  the  proper 
Municipal  Council. 

(Articles  17  and  50  of  the  Law.) 

ART.  100.  The  Municipal  Councils  may  freely  name  the  technical 
officials  who  are  to  intervene  in  the  works  under  their  charge,  it  being 
necessary  that  those  selected  shall  have  the  proper  professional  degree 
which  proves  their  ability. 


59 

The  organization  of  the  technical  personnel,  the  management  of 
municipal  works,  the  fixing  of  the  payments,  and  other  matters  rela- 
tive to  this  part  of  the  service,  shall  be  exercised  by  the  proper 
Municipal  Council,  in  accordance  with  the  provisions  of  the  laws  and 
regulations  in  force. 

Engineers  of  Koads  and  Overseers  of  Public  Works  who  may  be 
named  by  the  Municipal  Councils  for  the  service  of  municipal  works 
shall  enjoy  all  the  rights  which  are  given  them  by  the  Eegulations, 
as  though  they  were  in  the  service  of  the  State. 

(Article  49  of  the  Law.) 

ART.  101.  Public  works  in  charge  of  Municipal  Councils  shall  be 
inspected  by  the  employees  or  technical  officials  of  the  State  in  a  man- 
ner similar  to  that  prescribed  by  Articles  69  and  70  of  the  present 
Regulations  for  provincial  works. 

(Articles  8  and  51  of  the  Law.) 

ART.  102.  The  provisions  of  this  chapter  are  applicable  to  works 
called  civil  constructions  devoted  to  municipal  service,  and  which  may 
be  in  charge  of  Municipal  Councils,  without  any  other  difference  than 
that  of  the  experts  in  whose  charge  shall  be  the  projects,  direction,  and 
supervision,  according  to  existing  legislation. 

(Article  49  of  the  Law.) 

CHAPTER  VII. 

CONCESSIONS  OF  MUNICIPAL  WORKS. 

ART.  103.  The  public  works  in  charge  of  Municipal  Councils  which 
are  included  in  the  plans  of  the  same,  properly  approved,  can  be  the 
subject  of  concessions  to  individuals  or  Companies  who  may  request 
them,  in  accordance  with  the  provisions  of  the  general  Law  of  Public 
Works  and  of  the  present  Regulations. 

(Article  54  of  the  Law.) 

ART.  104.  The  concessions  to  which  the  previous  article  refers  shall 
be  granted  by  the"  proper  Municipal  Councils,  provided  that  no  aid  of 
any  kind  whatever  is  requested  for  them,  nor  any  subsidy  from  the 
Municipal  funds. 

(Articles  54  and  74  of  the  Law.) 

ART.  105.  Whenever  a  concession  of  a  municipal  work  without  sub- 
sidy is  requested,  the  petitioner  shall  present  to  the  proper  Municipal 
Council  the  project  of  the  same.  For  this  purpose  he  may  request  the 
Governor  of  the  province  to  give  the  authorization  referred  to  in  Arti- 
cle 57  of  the  general  Law  of  Public  Works,  proceeding  as  prescribed 
by  Article  74  of  these  Regulations  concerning  provincial  works. 

(Articles  56  and  57  of  the  Law.) 

ART.  106.  The  project  shall  be  delivered  to  the  Secretary  of  the 
Municipal  Council,  accompanied  by  a  document  which  proves  that  the 
petitioner  has  delivered  to  the  depository  of  municipal  funds  a  sum 


60 

equivalent  to  1  per  cent  of  the  estimate  of  the  works.  The  Secretary 
of  the  Municipal  Council  shall  give  a  receipt  for  the  project,  in  which 
shall  appear  the  day  and  the  hour  on  which  it  was  presented. 

(Article  58  of  the  Law.) 

ART.  107.  The  expert  in  charge  of  municipal  works,  or  the  one  whom 
the  Municipal  Council  deemed  proper  to  temporarily  name  for  this 
special  purpose,  shall  then  proceed  to  go  over  the  plan  of  the  project 
on  the  ground,  and  report  in  the  manner  provided  by  Article  76  for 
provincial  works.  The  Municipal  Council  shall  send  the  project  thus 
reported  to  the  Governor  of  the  province,  who,  after  hearing  the  Chief 
Engineer,  shall  decide  as  to  the  approval  of  the  project  in  the  manner 
prescribed  by  Article  96. 

(Article  59  of  the  Law.) 

ART.  108.  The  schedule  of  rates  for  the  nse  and  profit  of  the  work 
shall  be  submitted  for  a  period  of  fifteen  days  to  a  public  investigation, 
under  the  direction  of  the  Alcalde,  in  which  all  the  inhabitants  of  the 
town  who  believe  themselves  interested  may  enter  claims.  The  Alcalde 
shall  then  send  this  investigation  to  the  petitioner,  in  order  that  he 
may  answer;  and  shall  further  hear  the  expert  in  charge,  and,  with  the 
opinion  of  the  full  Municipal  Council,  shall  send  the  proceedings  to  the 
Governor.  The  latter  shall  decide  concerning  the  approval  of  the  rates 
in  the  same  manner  as  is  provided  for  the  project  by  the  preceding 
article. 

(Article  59  of  the  Law.) 

ART.  109.  After  the  project  is  approved  and  the  basis  of  the  contract 
agreed  upon  with  the  petitioner,  the  Municipal  Council  shall  decide  as 
to  the  granting  of  the  concession,  by  means  of  a  resolution,  in  which  a 
memorandum  shall  be  made  and  which  shall  be  communicated  to  the 
Governor  for  publication  in  the  Official  Gazette  of  the  Island. 

The  essential  provisions  of  these  concessions  shall  be  those  provided 
by  Article  28  of  these  ^Regulations  for  similar  concessions  of  works  of 
the  State. 

From  the  resolution  of  the  Municipal  Council  the  petitioner  may 
appeal  to  the  Governor,  who,  after  hearing  the  Provincial  Deputation, 
shall  decide  without  further  recourse.  The  periods  for  investigation 
and  decision,  and  the  form  in  which  the  appeal  shall  be  made,  are  those 
designated  in  Title  5,  Chapter  I,  of  the  Municipal  Law  of  the  24th  of 
May,  1878,  and  in  the  Koyal  Decree  and  Eegulations  of  the  12th  of 
December,  1868. 

(Articles  59  and  60  of  the  Law.) 

ART.  110.  When  the  concession  is  granted,  the  concessionaire  shall 
deposit  from  3  to  5  per  cent  of  the  amount  of  the  approved  estimate, 
and  proceed  to  the  execution  of  the  works  under  the  immediate  inspec- 
tion of  the  technical  officials  of  the  Municipality,  and  the  superior 
inspection  of  the  State  Engineers. 

(Articles  51,  60,  and  65  of  the  Law.) 


61 

ART.  111.  The  concession  shall  be  forfeited  in  the  cases  provided  in 
the  stipulated  provisions,  and  shall  thus  be  declared  in  a  proper  case 
by  the  Municipal  Council,  after  proceedings  in  which  the  interested 
party  shall  be  heard,  and  with  a  right  of  appeal  to  the  Governor,  in 
the  same  manner  as  is  provided  for  in  Article  109. 

After  the  Governmental  proceedings  have  been  exhausted,  the  con- 
cessionaire shall  reserve  the  riglit  to  appeal  from  the  declaration  of 
forfeiture  of  the  concession,  by  administrative  litigation. 

When  the  forfeiture  is  finally  declared,  the  consequences  shall  be  the 
same  as  those  provided  for  by  Chapter  II  of  these  Regulations  for  similar 
works  in  charge  of  the  State;  it  being  understood  that  the  appraisal 
of  the  works  executed,  to  which  Article  30  refers,  shall  be  made  by  the 
expert  employees  of  the  Municipal  Council,  the  approval  of  the  Gov- 
ernor being  necessary  in  the  same  manner  as  for  projects  of  municipal 
works. 

(Articles  69,  70,  71,  and  72  of  the  Law.) 

ART.  112.  In  case  more  than  one  project  is  presented  for  the  same 
work  within  a  period  of  thirty  days,  counting  from  the  time  the  first 
petition  is  made,  the  comparison  on  the  ground,  referred  to  by  Article 
107,  and  other  investigations  of  the  proceedings,  shall  be  made  by 
comparison  between  the  projects  presented,  discussing  their  respective 
advantages  and  disadvantages.  When  these  proceedings  are  ended, 
the  Municipal  Council,  in  view  of  the  result,  shall  select  the  project 
which,  in  its  judgment,  offers  the  greatest  advantages,  and  send  it  for 
the  approval  of  the  Governor. 

The  Governor,  having  in  view  all  the  proceedings,  after  an  opinion  of 
the  Chief  Engineer,  shall  decide  upon  the  approval  in  the  manner 
determined  by  Article  03. 

From  the  decision  of  the  Governor,  the  Municipal  Council,  if  it  deems 
it  proper,  may  appeal  to  the  Colonial  Secretary  who  shall  decide  with- 
out further  recourse. 

(Article  62  of  the  Law.) 

ART.  113.  If  evident  advantages  appear  in  one  of  the  projects  over 
the  rest,  this  one  shall  be  preferred  for  the  granting  of  the  concession, 
which  shall  be  made  by  the  Municipal  Council  in  accordance  with  the 
provisions  of  Article  109. 

If  it  appears  that  none  of  the  projects  presented  offers  advantages 
over  another,  the  Governor  shall  thus  declare;  and  if  the  Municipal 
Council  does  not  appeal  from  this  ruling,  he  shall  decide  that  a  public 
bidding  be  held,  on  the  basis  of  the  project  which  has  the  priority. 

Before  announcing  the  bidding,  the  said  project  shall  be  appraised 
by  an  expert  named  by  the  Municipal  Council  and  another  by  the  peti- 
tioner, who,  in  their  turn  and  before  the  appraisal,  shall  name  a  third, 
by  agreement,  to  act  in  case  of  disagreement.  If  there  should  not  be 
an  agreement  between  said  two  experts  on  the  appointment  of  a  third, 
he  shall  be  named  by  the  proper  judicial  authority. 


62 

The  appraisal  shall  be  made  in  a  manner  similar  to  that  designated 
by  Article  35,  and  the  Municipal  Council  shall  give  its  approval  thereto, 
after  the  report  of  the  expert  in  charge. 

(Articles  62  and  63  of  the  Law.) 

ART.  114.  The  bidding  shall  take  place  with  the  Alcalde  presiding, 
assisted  by  the  technical  Director,  the  Treasurer  of  the  Municipal 
Council  and  the  Secretary  of  the  same,  and  in  accordance  with  the 
provisions  of  Articles  36  and  37. 

The  concession  shall  be  granted  by  the  Municipal  Council  to  the 
person  who  shall  be  declared  the  best  bidder  at  the  public  sale,  reserv- 
ing to  the  author  of  the  project  which  has  served  as  its  basis  the 
rights  of  preference  on  equal  terms  and  of  payment  of  the  appraised 
value  of  the  project,  according  to  the  rules  established  in  Articles  38 
aod  39. 

(Articles  63  and  73  of  the  Law.) 

ART.  115.  When  for  the  execution  of  a  municipal  work  a  subsidized 
concession  is  requested,  to  be  paid  from  the  funds  of  the  Municipal 
Council,  so  far  as  presentation,  proceedings  and  approval  of  the  project, 
and  investigation  concerning  rates  are  concerned,  the  same  method 
shall  be  followed  as  is  provided  by  Articles  105  to  107  of  this  chapter 
referring  to  works  without  subsidy. 

When  the  project  is  approved,  its  appraisal  shall  be  made  in  the 
manner  prescribed  by  Article  113. 

(Articles  76  and  77  of  the  Law.) 

ART.  116.  When  the  project  is  approved  and  the  basis  of  the  con- 
cession agreed  upon  between  the  Municipal  Council  and  the  petitioner, 
with  the  approval  of  the  Governor,  the  public  bidding  shall  be -had,  at 
which  the  said  project  shall  serve  as  the  basis  in  a  manner  similar  to 
that  provided  for  works  of  the  State  by  Articles  43  and  44  of  these 
Eegulations. 

The  author  of  the  project  always  has  a  right  of  preference  on  equal 
terms  and  of  the  payment  of  the  appraisal,  in  accordance  with  the 
provisions  of  Article  45. 

(Articles  79  and  80  of  the  Law.) 

ART.  117.  The  guaranty,  which,  in  case  of  subsidy,  shall  be  5  per 
cent  of  the  amount  of  the  estimate,  shall  be  deposited  with  the  Treas- 
urer of  the  Municipal  Council. 

Articles  47  to  50  of  the  present  .Regulations,  with  the  corresponding 
modifications  according  to  the  provisions  of  Article  111,  are  applicable 
to  this  case. 

(Article  81  of  the  Law.) 

ART.  118.  If  there  should  be  more  than  one  project  for  the  subsidized 
concession  of  a  municipal  work,  the  one  offering  the  greatest  advan- 
tages shall  be  selected,  which  shall  serve  as  the  basis  for  the  bidding; 
and  if  it  is  believed  that  all  the  projects  presented  are  equal,  the  one 
having  priority  shall  serve  for  this  object.  When  the  project  which 
shall  serve  as  the  basis  for  the  bidding  shall  be  determined,  in  one  way 


63 

or  another,  the  appraisal  shall  be  previously  made;  and  for  the  rest 
there  shall  be  applicable  in  this  case  the  same  provisions  which  for 
similar  cases  are  prescribed  by  the  present  Regulations  in  Article  112, 
and  in  those  referring  to  works  of  the  State  and  of  the  Province. 

(Article  68  of  the  Law.) 

ART.  119.  When  a  work  which  shall  be  executed  with  municipal  funds 
may  be  the  subject  of  profitable  operation,  and  the  plan  of  rates  for  its 
use  and  profit  shall  have  been  approved  in  the  manner  prescribed  by 
Article  98,  such  operation  shall  be  carried  out  by  contract,  after  public 
bidding,  which  shall  take  place  according  to  provisions  similar  to  those 
indicated  by  Article  36  for  works  of  the  State  without  subsidy. 

The  iMunicipal  Council  can  not  take  charge  of  the  operation  of  this 
class  of  work  without  previous  authorization  from  the  Government,  and 
with  formalities  similar  to  those  established  by  Article  87  for  provin- 
cial works. 

(Article  47  of  the  Law.) 

ART.  120.  When  works,  the  concession  of  which  is  requested,  affect 
the  territory  of  two  or  more  Municipal  Councils,  proceedings  shall  be 
had  in  each  one  of  them  independently  as  to  the  examination  of  the 
projects  and  the  investigations  referred  to  in  this  chapter;  sending  the 
proceedings  to  the  Governor  through  the  respective  Alcaldes. 

The  Governor  shall  decide  concerning  the  approval  of  the  projects  as 
provided  for  by  this  chapter. 

After  the  granting  of  concessions,  declaration  of  forfeiture,  and  other 
resolutions  which  may  be  made  by  Municipal  Councils,  they  shall 
come  to  some  agreement;  and  if  they  should  not  be  able  to  do  so,  the 
Governor  shall  decide,  with  a  right  of  appeal  to  the  Colonial  Secretary, 
and  a  further  appeal  by  means  of  administrative  litigation. 

(Articles  8  and  16  of  the  Law,  and  Chapters  6  and  7  of  the  same.) 

ART.  121.  The  provisions  of  Chapters  II  and  III,  of  which  no  special 
mention  has  been  made  here,  are  applicable  to  concessions  of  municipal 
works,  with  the  modifications  which  the  various  cases  require,  the 
doubts  and  questions  which  may  arise  being  decided  according  to  the 
spirit  of  these  provisions. 

TITI/E  FOURTH. 

CONCESSIONS    OF    WORKS    NOT    INCLUDED    IN   PLANS   OP    THE 
STATE,  OP  THE  PROVINCE,  AND  OP  MUNICIPAL  COUNCILS. 

CHAPTER  VIII. 

CONCESSIONS  OF  THE  PUBLIC  DOMAIN. 

ART.  122.  When  individuals  or  Companies  ask  for  the  execution  of 
public  works  which  are  not  included  in  the  plans  formed  by  the  State, 
the  Province,  and  the  Municipalities,  prior  to  the  granting  of  the  con- 
cession there  shall  be  the  grant  of  the  public  domain  which  may  be 
affected  by  the  work,  and  the  declaration  of  the  public  utility  thereof. 


64 

The  concession  of  the  public  domain  in  every  case  must  be  given  by 
the  Colonial  Department  or  its  Delegates. 

If  the  work  the  concession  of  which  is  requested  should  alter  in  any 
manner  the  plans  referred  to  by  the  preceding  paragraph,  the  provi- 
sions of  the  second  paragraph  of  Article  54  of  the  general  Law  of  Pub- 
lic Works  shall  also  be  observed. 

(Article  94  of  the  Law.) 

ART.  123.  In  the  concession  of  works  which  affect  the  public  domain 
the  following  cases  are  distinguished: 

First.  That  the  work  in  question  does  not  hinder  or  impede  the 
enjoyment  or  general  use  of  the  part  of  the  public  domain  which  it 
affects. 

Second.  That  it  hinders  or  impedes  the  said  general  use. 

Third.  That  it  permanently  occupies  a  part  of  the  public  domain  in 
which  there  is  no  use  or  general  benefit. 

Fourth.  That  it  temporarily  occupies  a  part  of  the  public  domain 
devoted  to  general  use. 

Fifth.  That  it  alters  established  servitudes  on  private  property  for 
the  benefit  of  the  public  domain. 

(Article  95  of  the  law.) 

ART.  124.  The  person  requesting  the  concession  of  a  work  affecting 
the  public  domain  in  the  manner  designated  in  the  first  number  of  the 
preceding  article  shall  present  his  petition  to  the  Colonial  Secretary  or 
to  the  Governor- General  of  the  Island,  accompanied  with  a  project 
based  on  the  following  documents : 

First.  An  explanatory  memorial,  in  which  a  clear  idea  is  given  of  the 
work  the  execution  of  which  is  requested,  and  in  which  it  is  shown  that 
neither  by  it  nor  by  its  operation  the  general  use  of  the  part  of  the 
public  domain  which  may  be  affected  by  said  work  shall  be  impaired. 

Second.  Plans  which  show  the  situation,  principal  dimensions,  and 
the  other  details  of  the  work. 

Third.  An  approximate  estimate,  in  which,  besides  the  calculation 
of  the  cost  of  the  same,  shall  appear  the  value  of  the  part  of  the  public 
domain  affected. 

Fourth.  The  rates  which  it  is  proposed  to  establish  for  the  use  and 
profit  of  the  work. 

The  petitioner  shall  accompany  with  the  project  a  document  showing 
that  he  has  deposited  in  the  general  Depositary-Treasury,  or  in  the 
Government  Treasury  of  the  Island,  an  amount  equal  to  one-half  of  1 
per  cent  of  the  estimate  of  the  works  which  shall  be  built  on  lands  of 
the  public  domain. 

(Article  95  of  the  Law.) 

AKT.  125.  The  Colonial  Secretary  shall  examine  into  the  investiga- 
tions to  clear  up  the  rights  established  on  the  public  domain  which  it 
is  proposed  to  occupy,  the  advantages  or  disadvantages  which  might 
result  to  the  public  interests  from  the  work,  and  the  other  circum- 
stances which  it  may  be  advisable  to  take  into  account  before  the 
granting  of  the  concession. 


65 

These  investigations  shall  be  proceeded  with  in  accordance  with  the 
provisions  prescribed  by  the  Kegulations  for  the  execution  of  the  special 
laws  of  Public  Works,  the  opinion  of  the  Deputation  being  in  all  cases 
indispensable,  as  also  that  of  the  Chief  Engineer  and  of  the  Governor 
of  the  province,  besides  that  of  the  Consulting  Board  of  Koads,  Canals, 
and  Ports. 

(Article  95  of  the  Law.) 

ART.  126.  The  concession,  if  it  shall  be  proper,  shall  be  made  by 
Royal  Decree,  except  in  the  case  that  the  work  shall  alter  some  of  the 
plans  of  the  State,  according  to  the  provisions  of  the  second  paragraph 
of  Article  122  of  these  Kegulations.  In  the  concession  there  shall  be 
stipulated  the  clauses  and  conditions  which  are  set  forth  in  Article  96 
of  the  general  Law  of  Public  Works,  and,  besides,  the  times  and  terms 
in  which  the  State  shall  be  paid  the  price  at  which  the  part  of  the 
public  domain  it  is  to  cede  shall  be  valued. 

The  guaranty  which  it  is  necessary  for  the  concessionaire  to  give 
shall  be  3  per  cent  of  the  estimate  of  the  works  which  shall  occupy  the 
public  domain,  and  shall  be  returned  when  he  has  proved  that  he  has 
completed  the  works,  as  provided  for  by  Article  104  of  the  general  Law 
of  Public  Works. 

The  conditions  of  forfeiture  in  these  cases  shall  be  the  same  as  those 
for  concessions  without  subsidy  established  by  Chapter  II  of  these 
Kegulations. 

(Article  96  of  the  Law.) 

ART.  127.  In  the  case  in  which,  according  to  the  provisions  of  Article 
97  of  the  general  Law  of  Public  Works,  more  than  one  petition  for  the 
same  work  is  presented,  the  investigations  referred  to  in  Article  125 
shall  cover,  moreover,  the  question  of  the  advantages  or  disadvantages 
which  might  result  by  a  comparison  between  the  competing  projects  5 
and  the  one  shall  be  preferred  which  offers  the  greatest  advantages,  or, 
in  case  of  equality,  the  first  one  which  shall  have  been  presented. 

Thirty  days  shall  be  declared  to  be  the  time  within  which  proposi- 
tions may  be  presented  for  the  execution  of  the  work,  counting  from 
the  publication  of  the  first  petition.  After  this  period  has  elapsed,  no 
other  new  petition  shall  be  admitted. 

(Article  97  of  the  Law.) 

ART.  128.  The  Colonial  Secretary,  nevertheless,  in  cases  where  there 
is  not  a  marked  preference  between  the  proposals,  or  in  any  other  case 
in  which  he  may  deem  it  convenient  to  the  general  interests,  may  order 
that  the  concession  be  made  by  means  of  public  bids.  In  this  bidding 
not  only  the  proposers  who  have  presented  their  projects  may  take 
part,  but  also  any  person  who  shall  have  made  the  deposit  of  one-half 
of  1  per  cent  provided  by  Article  124. 

(Article  97  of  the  Law.) 

ART.  129.  For  the  bidding,  the  project  which  shall  first  have  been 
presented  shall  serve  as  the  basis,  provided  that  its  author  shall  have 
21690 5 


66 

accepted  the  modifications  which  the  superior  authorities  may  have 
deemed  proper  to  introduce  therein.  In  case  of  failure  to  accept  these 
the  deposit  and  project  shall  be  returned,  and  the  second  project  shall 
be  taken  up,  proceeding  with  it  in  the  same  manner,  and  thus  succes- 
sively until  the  last;  it  being  understood  that  no  concession  shall  be 
granted  if  none  of  the  petitioners  accepts  the  modifications  introduced. 

(Article  97  of  the  Law.) 

ART.  130.  The  project  which,  according  to  the  previous  article,  shall 
serve  as  the  basis  for  the  bidding  shall  be  appraised  prior  thereto,  in 
the  manner  provided  by  Article  34  of  these  Kegiilations. 

(Article  97  of  the  Law.) 

ART.  131.  The  bidding  shall  be  made,  in  the  first  place,  upon  the 
percentage  of  reduction  in  the  rates  approved  for  the  use  of  the  works, 
and  in  case  there  are  equal  propositions  a  new  open  bidding  shall  be 
held  between  the  signers  of  the  propositions,  which  shall  be  based  on 
the  raising  of  the  price  which  has  been  assigned  to  the  part  of  the 
public  domain  which  it  should  be  necessary  to  grant. 

If  the  bidders  should  not  make  any  proposition  concerning  this  bet- 
terment, the  one  who  shall  have  drawn  the  lowest  number  by  lot  before 
proceeding  to  the  opening  of  the  bids  shall  be  declared  the  best  bidder. 

(Article  97  of  the  Law.) 

ART.  132.  The  petitioner  to  whom  belongs  the  project  which  has 
served  as  the  basis  of  the  bidding  shall  have  the  right  of  preference 
on  equal  terms  if  he  so  declares  at  the  time  of  the  public  sale,  which 
shall  be  extended  for  one-half  hour  for  this  purpose,  so  that  he  may 
make  use  of  this  right,  which  shall  appear  in  the  minutes.  If  he 
should  not  do  so,  the  person  who  shall  be  declared  the  best  bidder  in 
the  public  sale  shall  be  considered  the  concessionaire,  by  means  of  a 
declaration  made  by  Eoyal  Decree,  issued  by  the  Colonial  Department 
after  the  deposit  of  a  guaranty  equivalent  to  3  per  cent  of  the  amount 
of  the  estimate  of  the  works  affecting  the  public  domain. 

The  one  to  whom  the  award  is  made  shall,  moreover,  pay  petitioner 
whose  project  has  served  as  the  basis  of  the  public  sale  the  amount 
of  said  project,  in  accordance  with  the  appraisal  made  as  provided  by 
Article  130. 

(Article  97  of  the  Law.) 

ART.  133.  The  concessionaire  shall  pay  to  the  State  the  value  at 
which  the  part  of  the  public  domain  which  has  to  be  granted  has  been 
fixed.  This  payment  shall  be  made  at  the  times  and  in  the  manner 
determined  by  the  provisions  of  the  concession. 

(Article  97  of  the  Law.) 

ART.  134.  When  a  work  included  in  number  2  of  Article  123  of  these 
Regulations  is  in  question,  the  petitioner  for  the  concession  shall  pre- 
sent the  project  referred  to  in  Article  124. 

The  memorial  shall  show  the  necessity  for  the  occupation  of  the  pub- 
lic domain,  showing  besides  in  what  manner  and  to  what  extent  th* 
work  will  affect  the  general  use  established  thereon. 


67 

In  the  proposal,  besides  the  value  of  the  part  of  the  domain  which  is 
to  be  occupied,  the  damage  to  the  general  use  caused  by  the  execution 
of  the  work  shall  be  stated,  including  both  in  a  single  amount. 

With  the  project  shall  be  accompanied  the  receipt  for  the  deposit  of 
an  amount  equivalent  to  1  per  cent  of  the  estimate  of  the  works  which 
shall  have  to  be  established  on  lauds  of  the  public  domain. 

(Article  95  of  the  Law.) 

ART.  135.  After  the  project  is  presented  it  shall  be  submitted  to  the 
investigations  laid  down  by  Article  123,  the  Colonial  Secretary  having 
the  right  to  approve  it.  If  the  work  changes  the  plans  of  the  State, 
there  shall  be  presented  to  the  Cortes  the  proper  form  of  law,  in  the 
manner  prescribed,  by  Article  54  of  the  general  Law  of  Public  Works. 

In  every  case  the  concession  for  a  work  of  this  class  can  not  be 
granted  without  public  bidding,  as  determined  by  Article  98  of  the 
same  law. 

(Articles  95  and  98  of  the  Law.) 

ART.  136.  At  the  bidding  the  project  approved  shall  serve  as  the 
basis,  and  the  proposals  shall  be  made  in  the  first  instance  on  reduc- 
tions in  the  rates  for  the  use  of  the  work,  and  in  case  of  equal  proposi- 
tions, on  the  raising  of  the  value  of  the  public  domain  which  shall 
have  to  be  granted,  according  to  the  figure  which  for  this  purpose 
shall  have  been  fixed  in  the  approved  estimate,  as  provided  by 
Article  134. 

(Article  98  of  the  Law.) 

ART.  137.  The  concession  shall  be  granted  to  the  best  bidder  by 
means  of  a  Eoyal  Decree,  in  which  shall  be  fixed  the  clauses  and  con- 
ditions indicated  in  Article  126,  and  the  times  and  manner  in  which 
the  concessionaire  shall  pay  to  the  State  the  amount  which  shall  have 
been  fixed  for  the  value  of  the  part  of  the  public  domain  occupied,  and 
the  damages  for  the  loss  of  its  general  use. 

The  guaranty  shall  be  5  per  cent  of  the  estimate  of  the  works  which 
shall  be  executed  on  lands  of  public  domain,  and  shall  not  be  returned 
until  the  concessionaire  shall  have  shown  that  he  has  completed  the 
works  of  the  concession,  as  provided  by  Article  104  of  the  general 
Law  of  Public  Works. 

The  conditions  of  forfeiture  shall  be  the  same  as  those  established  by 
said  Article  126  of  these  Eegulatious. 

(Article  99  of  the  Law.) 

ART.  138.  Whenever  for  the  same  work  two  or  more  petitions  for  con- 
cessions are  presented,  the  selection  of  the  project,  which  is  to  serve  as 
the  basis  of  the  biddings,  shall  be  proceeded  with  in  accordance  with 
the  provisions  of  Articles  127  and  129,  as  the  case  may  be,  observing 
for  all  other  purposes  the  provisions  of  Articles  130, 131,  and  132. 

(Article  100  of  the  Law.) 

ART.  139.  The  concessions  referred  to  in  the  previous  articles  of  this 
chapter  are  subject,  as  to  their  terms  and  their  general  provisions, 


68 

the  formalities  of  the  grant,  the  right  of  alienation  on  the  part  of  the 
concessionaire,  the  supervision  of  the  works  and  the  cases  of  forfeiture, 
to  the  provisions  established  for  each  of  these  points  in  Articles  101  to 
105,  both  inclusive,  of  the  general  Law  of  Public  Works. 

(Articles  101  and  105  of  the  Law.) 

ART.  140.  When  the  work,  the  concession  of  which  is  demanded, 
is  included  in  case  number  3  of  Article  123,  and  in  consequence  part  of 
the  public  domain  which  will  be  affected  is  not  devoted  to  any  use  or 
benefit  whatever,  the  petitioner  shall  present  the  project  drawn  accord- 
ing to  the  following  conditions: 

First.  A  memorial  in  which  the  object  of  the  work  is  stated  and  the 
part  of  the  public  domain  which  is  to  be  occupied,  and  proof  that  said 
part  is  not  devoted  to  any  general  use. 

Second.  Plans  which  give  a  clear  idea  of  the  dispositions  of  the 
works. 

Third.  Approximate  estimate  of  the  same. 

There  shall  be  accompanied,  besides,  the  rates  which  shall  be  estab- 
lished for  the  use  of  the  work  and  the  bases  for  their  application. 

(Article  107  of  the  Law.) 

ART.  141.  The  project  shall  thereafter  be  the  subject  of  an  investiga- 
tion, at  which  all  the  officials  or  Corporations  shall  be  heard  that  in 
each  case  may  be  designated  by  the  special  laws  of  Public  Works  and 
the  Regulations  for  their  execution ;  and  among  them  there  shall  always 
be  consulted  the  Chief  Engineer  of  the  province  and  the  Governor- 
General,  who  shall  be  the  one  to  direct  the  investigation  and  who  shall 
forward  its  result  to  the  Colonial  Department. 

The  Secretary,  by  means  of  a  Eoyal  Order,  shall  decide  as  to  the  con- 
cession, after  hearing  the  Consulting  Board  of  Roads. 

(Article  106  of  the  Law.) 

ART.  142.  In  case  more  than  one  petition  for  the  same  work  is  pre- 
sented, all  shall  be  submitted  to  a  competitive  examination  during  the 
investigations  referred  to  in  the  preceding  article,  and  the  one  shall  be 
selected  from  among  them  which  offers  the  greatest  advantages  to  the 
public  interests,  and,  in  case  of  equality  among  them,  the  one  which 
has  first  presented ;  and  in  neither  of  these  cases  shall  the  other  peti- 
tioners have  any  right  of  indemnity  whatsoever. 

(Article  106  of  the  Law.) 

ART.  143.  The  essential  clauses  of  the  concessions  referred  to  by 
article  140  and  the  following  articles  shall  be — 

First.  The  guaranty  which  the  concessionaire  shall  give  in  security 
for  the  fulfillment  of  his  obligations.  This  shall  not  exceed  1  per  cent 
of  the  estimate  of  the  works  affecting  the  public  domain,  and  shall  be 
returned  to  the  interested  party  when  the  works  have  been  executed 
to  the  value  of  one-third  part  of  said  estimate. 

Second.  The  dates  on  which  the  works  are  to  begin  and  end. 


69 

Third.  The  term  of  the  concession,  which  may  be  perpetual  in  cases 
in  which  the  special  laws  of  Public  Works  so  provide. 

(Article  106  of  the  Law.) 

ART.  144.  These  concessions  shall  be  forfeited  when  the  stipulated 
conditions  shall  not  be  fulfilled,  and  then  shall  follow  proceedings 
similar  to  those  provided  by  Chapter  II,  Title  I,  of  these  Regulations 
concerning  concessions  of  works  of  the  State  without  subsidy. 

(Article  106  of  the  Law.) 

ART.  145.  When  the  work  which  is  to  be  executed  comes  within  the 
case  of  number  4  of  Article  123,  the  petitioner  may  state  his  desires  in 
a  petition  directed  to  the  Governor-General,  who,  following  the  pro- 
cedure determined  by  the  Eegulations  of  the  Special  Laws  and  after 
hearing  the  Chief  Engineer,  shall  decide  concerning  the  authorization 
requested,  imposing  the  proper  conditions  for  the  enjoyment  of  the 
concession.  From  the  decision  of  the  Governor- General  the  interested 
party  shall  have  the  right  of  appeal  to  the  Colonial  Secretary,  who 
shall  decide  finally. 

By  means  of  similar  proceedings  a  request  included  in  paragraph  5 
of  Article  123  of  the  Regulations  shall  be  decided,  provided  that  the 
concession  be  temporary;  but  in  case  a  perpetual  concession  be 
requested  the  decision  shall  be  made  by  the  said  Colonial  Department. 

(Articles  108  and  109  of  the  Law.) 

ART.  146.  Grants  of  the  public  domain  may  be  made  for  works 
devoted  to  the  carrying  on  of  a  private  industry  in  accordance  with 
Article  110  of  the  Law.  The  Special  Law  of  Public  Works  and  the 
Eegulations  for  its  execution  show  the  proceedings  which  in  each  case 
shall  be  followed  in  order  to  obtain  the  concession  which  it  is  proper 
to  grant,  the  clauses  which  it  shall  contain,  and  the  intervention  in 
this  matter  belonging  to  the  administrative  officials. 

(Article  110  of  the  Law.) 

ART.  147.  If,  in  accordance  with  Article  111  of  the  general  Law,  it 
is  requested  that  a  company  or  an  individual  be  given  the  concession 
of  part  of  the  domain  of  the  State  for  the  construction  of  a  work  devoted 
to  public  or  private  use,  the  same  proceedings  shall  be  observed  as  are 
prescribed  in  the  present  chapter  for  the  granting  of  the  public  domain; 
but  nevertheless  the  following  provisions  shall  be  kept  in  mind : 

First.  In  this  case  the  concession  shall  always  be  made  after  public 
bidding,  which  shall  be  based  on  a  price  better  than  that  approved  in 
the  estimate,  as  affects  that  part  of  the  domain  of  the  State  which  is 
to  be  granted. 

Second.  This  public  bidding  shall  take  place  in  accordance  with  the 
proceedings  and  the  requisites  established  by  the  laws  and  instruc- 
tions in  force  for  the  alienation  of  public  lands,  and  the  amount  of  the 
public  sale  shall  be  paid  in  the  manner  provided  in  the  same  legislation. 

Third.  In  order  to  take  part  in  the  bidding,  a  deposit  of  1  per  cent  of 
the  amount  of  the  estimate  of  the  works  shall  be  made,  and  the  guaranty 


70 

shall  be  5  per  cent  of  the  same  estimate,  which  shall  not  be  returned 
until  the  complete  termination  of  the  works. 

And  fourth.  In  case  of  the  forfeiture  of  the  concession  the  conces- 
sionaire shall  lose  the  guaranty  and  the  amounts  which  he  may  have 
paid  for  the  value  of  the  granted  domain,  the  State  taking  charge 
thereof  for  the  use  which  it  may  deem  proper. 

(Article  111  of  the  Law.) 

ART.  148.  If  the  work  which  is  to  be  executed  changes  servitudes 
established  for  the  benefit  of  the  public  domain  of  the  State,  the  con- 
cession thereof  shall  be  granted  by  the  Colonial  Department  or  the 
Governor-General,  according  to  whether  it  is  perpetual  or  temporary, 
and  in  accordance  with  the  proceedings  provided  for  by  Article  145  of 
the  present  ^Regulations. 

(Article  112  of  the  Law.) 

CHAPTER  IX. 

DECLARATION  OF  PUBLIC  UTILITY. 

ART.  149.  The  declaration  of  public  utility  of  the  work  petitioned 
for  shall  precede  the  execution  of  all  public  works  the  concession  of 
which  is  requested  by  individuals  or  Companies,  in  the  cases  which  are 
not  excepted  by  Article  114  of  the  general  Law  of  Public  Works. 

(Article  114  of  the  Law.) 

ART.  150.  In  all  petitions  for  the  declaration  of  public  utility,  two 
cases  shall  be  distinguished;  that  is  to  say: 

First.  That  there  is  not  asked  in  any  grant  the  benefit  of  neighbor- 
hood referred  to  in  the  first  paragraph  of  Article  115  of  the  general  Law. 

Second.  That,  in  addition,  condemnation  of  private  property  under 
the  laws  of  eminent  domain  is  requested  for  the  benefit  of  the  pro- 
jected work. 

(Article  115  of  the  Law.) 

ART.  151.  In  the  first  case  of  the  preceding  article,  the  petitioner 
shall  present  a  preliminary  project,  which  shall  serve  as  the  basis  for 
investigation,  in  the  manner  prescribed  by  the  following  articles.  This 
preliminary  project  shall  contain  an  explanatory  memorial,  general 
plans  of  the  works,  and  an  idea  of  its  cost. 

(Article  117  of  the  Law.) 

ART.  152.  If  the  work  should  be  of  a  municipal  character  and  should 
be  included  within  one  single  district,  the  preliminary  plans  shall  be 
submitted  to  a  public  investigation  for  a  period  of  fifteen  days,  the 
Municipal  Council  having  the  right  to  declare  the  utility,  in  view  of 
the  result  of  this  investigation. 

If  the  work,  being  of  a  municipal  character,  affects  more  than  one 
town,  the  information  shall  be  made  in  all  those  which  may  be  inter- 
ested ;  and  thereafter  each  Municipal  Council,  by  means  of  its  respec- 
tive Alcalde,  shall  send  the  proceedings  to  the  Provincial  Deputation, 


71 

which  in  this  case  shall  have  the  right  to  make  the  declaration  of 
utility. 

(Articles  116  and  117  of  the  Law.) 

ART.  153.  If  the  work  should  be  of  a  provincial  character,  the  pre- 
liminary project  shall  be  submitted  to  an  investigation  of  the  interested 
Municipal  Councils,  and  in  view  of  these  the  Provincial  Deputation 
shall  decide  concerning  the  declaration. 

(Articles  116  and  118  of  the  Law.) 

ART.  154.  In  case  the  work  should  affect  general  interests  and,  as  a 
consequence,  the  character  of  a  State  work,  the  investigation  on  the 
basis  of  the  preliminary  plan  shall  begin  by  hearing  the  interested 
Municipal  Councils,  thereafter  the  Provincial  Deputation;  and  the 
Governor-General  shall  send  to  the  Government  the  proceedings,  in 
order  that  it  may  make  the  declaration  by  Royal  Decree,  issued  by  the 
Colonial  Department. 

(Articles  116  and  118  of  the  Law.) 

ART.  155.  When  the  declaration  of  public  utility  shall  come  within 
the  second  case  of  Article  150,  and  it  shall  be  desired  to  have  a  right 
of  condemnation  of  private  property  under  the  laws  of  eminent  domain, 
the  petitioner  shall  draw  the  project  in  accordance  with  the  provisions 
determined  by  Article  6  of  these  Eegulations  for  works  of  the  State, 
adding  the  amount  of  the  tax  and  the  calculation  of  the  probable  earn- 
ings of  the  Company. 

The  petitioner  shall  also  present  the  documents  which  he  may  deem 
proper  in  order  to  prove  the  necessity  of  the  declaration  of  utility,  and 
shall  add  to  the  project  a  statement,  according  to  the  municipal  dis- 
tricts, of  all  the  proprietors  whose  estates  shall  have  to  be  occupied  by 
the  execution  of  the  work. 

The  project  shall  be  delivered  by  the  petitioner  to  the  Governor- 
General,  who  shall  have  charge  of  directing  the  investigation  which  is 
to  precede  the  declaration. 

(Articles  116  and  118  of  the  Law.) 

ART.  156.  If  the  work  should  be  of  a  municipal  character  the  Governor- 
General  shall  announce  in  the  Gaceta  of  the  Island  the  petition,  together 
with  the  list  of  names  of  the  parties  interested  in  the  condemnations, 
ordering  at  the  same  time  that  the  petitioner  proceed  to  a  survey  of 
the  works  on  the  ground,  of  which  he  shall  notify  the  Alcalde  of  the 
district  in  which  the  work  is  to  be  executed,  to  the  end  that  he  give 
notice  to  the  interested  owners  and  inform  them  of  the  day  or  days  the 
said  survey  is  to  take  place. 

The  petitioner  or  his  delegate  shall  then  proceed,  on  the  days  fixed, 
to  the  said  survey,  hearing  on  the  ground  the  owners  of  the  estates 
which  the  works  will  have  to  occupy  and  giving  orally  such  explanations 
as  they  may  desire. 

Within  twenty  days  following  the  termination  of  the  survey  the  par- 
ties interested  in  the  condemnation  proceedings  may  make  whatever 


72 

claims  they  may  deem  pertinent  as  to  their  rights,  and  shall  direct  the 
same  to  the  Alcalde  of  the  proper  town. 

The  Municipal  Council,  after  hearing  the  technical  Director  of  the 
Municipal  Works,  shall  deliberate  concerning  the  claims  presented  and 
as  to  whether  the  utility  should  or  should  not  be  declared,  and  the 
Alcalde  shall  send  to  the  Governor-General  the  proceedings,  with  the 
report  which  might  have  been  agreed  upon  by  the  Municipal  Council  or 
with  his  own  report. 

The  Governor- General,  after  first  hearing  the  petitioner  and  the 
report  of  the  Chief  Engineer  and  of  the  Provincial  Deputation,  shall 
make  the  declaration  of  public  utility  by  a  resolution,  setting  forth  the 
reasons,  which  shall  be  inserted  in  the  Official  Gazette  of  the  Island. 

(Articles  116  and  118  of  the  Law.) 

ART.  158.  If  the  work  should  be  of  a  provincial  character,  the  Gov- 
ernor shall  follow  all  the  proceedings  provided  for  by  Article  156,  and 
shall  decide  on  the  declaration,  after  hearing  the  Provincial  Deputation, 
the  petitioner,  and  the  Chief  Engineer. 

(Articles  116  and  118  of  the  Law.) 

ART.  159.  When  works  are  in  question  which  affect  the  general 
interests  of  the  State,  the  declaration  of  public  utility  shall  be  made 
by  the  Colonial  Department,  or  by  means  of  a  Eoyal  Decree,  after  fol- 
lowing all  the  proceedings  prescribed  by  the  two  preceding  articles, 
and  after  report  from  the  Consulting  Board  of  Roads,  Canals,  and 
Ports  concerning  the  proceedings  sent  by  the  Governor  General. 

(Articles  116  and  118  of  the  Law.) 

ART.  160.  From  the  decisions  which,  in  connection  with  public  util- 
ity, the  Administration  may  render  there  shall  be  the  right  of  appeal 
by  administrative  litigation,  in  order  that,  before  the  hierarchical  supe- 
rior, and  after  the  latter  has  rendered  a  final  decision,  the  administra- 
tive litigation  shall  be  proceeded  with,  when  in  the  proceedings  begun 
for  this  purpose  there  was  some  error  in  the  form  of  procedure  infring- 
ing on  the  provisions  which  regulate  the  course  which  is  to  be  observed. 

(Article  119  of  the  Law.) 

Approved  by  Eoyal  Order  of  this  date. 

Madrid,  May  21, 1881. 

LEON  Y  CASTILLO. 


INSTRUCTIONS  FOR  PUBLIC  BIDS. 


73 


INSTRUCTIONS 

OF  MARCH  27,  1869, 


IN  FORCE  FOR  PUBLIC  BIDS,  IN  CONNECTION  WITH  PUBLIC 
WORKS  OF  PUERTO  RICO. 


The  following  Decree  has  been  sent  to  Your  Excellency,  the  Superior 
Civil  Governor  of  this  Island,  through  the  Colonial  Department : 

EXECUTIVE  BRANCH,  COLONIAL  DEPARTMENT, — No.  157. — 

YOUR  EXCELLENCY  :  In  view  of  Your  Excellency's  letter,  No.  449,  dated  December 
30,  ultimo,  transmitting  a  copy  of  the  proceedings  instituted  by  the  General  Inspec- 
tion of  Public  Works,  in  order  to  formulate  a  plan  of  Instructions  for  public  bids  in 
connection  with  this  branch  of  the  service,  the  Executive  Branch,  in  the  exercise  of 
its  duties,  has  been  pleased  to  approve  the  annexed  Instructions,  in  conformity 
with  the  report  of  the  Consulting  Board  of  Roads,  Canals,  and  Ports.  May  God 
preserve  Your  Excellency  many  years. 
Madrid,  March -27,  1869, 

L.  DE  AYALA. 

And  their  execution  having  been  decided  upon  by  the  Most  Excellent 
Superior  Civil  Governor,  they  are  published  in  the  Gaceta  oficial  for 
general  information. 

Puerto  Eico,  April  17, 1869. 

MIGUEL  MARTINEZ  DE  CAMPOS. 

The  instructions  to  which  the  foregoing  decree  refers  are  as  follows : 

ARTICLE  1.  The  public  bids  in  connection  with  public  works  of 
Puerto  Eico,  whether  the  object  may  be  the  contracting  of  works  or  the 
furnishing  of  materials  or  property,  or  the  sale  of  surplus  stock  on 
hand,  shall  be  advertised  in  general,  with  previous  notice  of  thirty 
days;  in  urgent  cases  this  time  may  be  reduced,  but  never  to  less  than 
ten  days. 

The  advertisements  shall  be  drawn  in  accordance  with  the  annexed 
form  and  shall  be  published  by  means  of  proclamations  in  the  locality 
or  localities  where  the  works  are  to  be  executed,  or  the  collection  of 
goods  are  to  be  gathered,  or  sold,  and,  besides,  shall  be  inserted  three 
times  in  the  Gaceta  Oficial;  the  publication  of  the  proclamations  and 
the  insertion  in  the  Gaceta  must  be  made  in  time  for  the  notice  above 
stated. 

ART.  2.  The  provincial  guaranty  which  is  demanded  in  order  to  take 
part  in  the  bidding,  shall  not  be  greater  than  5  per  cent  of  the  estimate 
or  appraisal,  nor  less  than  2  per  cent  of  the  same. 

75 


76 

ART.  3.  The  public  bids  in  connection  with  the  service  of  the  State 
and  of  the  Departments  shall  take  place  in  the  capital  before  a  Board 
composed  of  the  Director  of  the  Local  Administration,  the  General 
Inspector  of  Public  Works,  the  Chief  of  the  Bureau  of  Accounts  of 
the  Direction,  and  an  Officer  of  the  Administration  under  the  orders 
of  the  General  Inspection. 

Those  in  connection  with  the  Municipal  service  shall  take  place  in 
the  corresponding  locality  in  the  presence  of  the  Mayor  (Gorregidor 
or  Alcalde),  a  Syndic,  a  Depositary,  and  a  Member  of  the  Municipal 
Board  commissioned  by  it  for  this  purpose. 

ART.  4.  The  proceedings  of  each  public  bidding  shall  contain  all  the 
documents  which  shall  go  to  make  up  the  contract,  stating  therein  the 
date  of  its  approval,  the  order  for  the  public  bidding,  and  the  proof 
that  the  requisites  demanded  by  Article  1  of  these  Eegulations  have 
been  fulfilled. 

ART.  5.  On  the  day  and  hour  and  at  the  place  designated,  the  Board 
shall  convene,  and  shall  open  the  proceedings  of  the  public  sale,  the 
President  making  this  announcement  and  reading  the  advertisement 
of  the  public  bidding  and  the  present  Instructions.  The  interested 
parties  shall  deliver  to  him  the  documents  containing  the  proposals, 
which  shall  not  be  received  after  the  first  half  hour;  when  this  time 
has  passed,  the  President  shall  make  the  announcement,  so  that  if  he 
may  deem  it  opportune  he  may  make  the  explanations  which  the  bid- 
ders may  desire.  After  the  President  has  cleared  up  any  doubts  which 
may  have  arisen,  he  shall  proceed  to  make  a  list  and  drawing  by  lot  and 
enumeration  of  the  documents  presented,  without  permitting  any  fur- 
ther interruption,  nor  the  withdrawal  of  any  proposal. 

ART.  6.  The  drawing  by  lot  shall  be  made  by  means  of  a  box  having 
a  number  of  numbered  papers  corresponding  to  the  documents  which 
might  have  been  delivered,  and  in  another  there  shall  be  placed  the 
said  documents.  The  Member  of  the  Municipal  Board,  who  acts  as 
Secretary  thereof,  shall  draw  a  document  and  one  of  the  bidders  shall 
draw  a  paper,  and  on  the  document  there  shall  be  written  the  number 
corresponding  to  the  paper;  thereafter  the  Secretary  shall  draw  another 
document,  and  another  bidder  shall  draw  another  paper,  the  number 
of  which  shall  be  stamped  on  the  envelope,  and  so  on.  Immediately 
thereon  the  documents  shall  be  opened  in  the  order  of  their  numera- 
tion, rejecting  immediately  and  returning  to  their  authors  those  which 
may  not  comply  strictly  with  the  requisites  demanded  by  the  adver- 
tisements, and  reading  the  other  aloud. 

ART.  7.  When  the  reading  has  been  finished  a  statement  shall  be 
made  in  the  minutes  as  to  which  proposition  is  the  most  advantageous, 
returning  to  the  authors  of  the  others  their  respective  receipts.  If 
there  should  be  several  equal  in  terms,  a  new  public  oral  bidding  shall 
be  held  among  their  authors  for  the  period  of  fifteen  minutes;  and 
in  case  another  equality  should  result  among  any.  of  them,  the  prefer- 


77 

ence  shall  be  given  to  the  proposition,  the  number  of  which  is  lower 
than  the  other  ones  who  have  made  equal  propositions,  the  proper  decla- 
ration thereupon  being  made. 

ART.  8.  There  shall  be  annexed  to  the  account  of  proceedings  the 
envelopes  and  propositions  presented  and  the  instrument  of  guaranty 
of  the  best  bidder;  and  also  the  memorandum  which  shall  be  drawn 
in  accordance  with  the  annexed  form,  and  in  which  shall  also  be  stated 
the  incidents  which  occurred  at  the  bidding,  if  there  should  be  any. 
Finally  the  account  of  the  proceedings  shall  be  sent  to  the  Authority 
who  may  have  the  right  to  approve  the  public  sale. 

Madrid,  March  27,  I860. 

L.  DE  AYALA. 

FORM  OF  THE  DOCUMENT  OF  ADMINISTRATIVE   CONDITIONS. 

ARTICLE  1.  In  the  execution  by  contract  of  (such  a  work  or  service) 
there  shall,  besides  the  general  document  of  conditions  of  December  25, 

1867,  and  of  the  technical  conditions  approved  in ,  be  assigned 

the  following  administrative  and  economic  provisions: 

ART.  2.  The  bidder  to  whom  the  work  (or  service)  shall  have  been 
awarded  shall  have  the  period  of  fifteen  days,  counting  from  the  date 
on  which  he  is  notified  of  the  approval  of  the  public  sale,  in  order  to 
constitute  the  final  guaranty  and  to  draft  the  instrument  constituting 
tbe  contract. 

ART.  3.  The  guaranty  shall  be  composed  of crowns  (escudos)  in 

coin,  or  their  equivalent  in  paper  of  the  consolidated  debt  of  the  State, 

at  the  rate  of [Here  there  maybe  added  "and  also  of per  cent, 

which  shall  be  retained  in  each  one  of  the  payments  which  shall  have 
to  be  made  successively  in  accordance  with  the  following  article,  which 
shall  cease  to  be  deducted  when  the  total  of  the  deposit  and  of  the 
amounts  retained  shall  be  equivalent  to  a  tenth  part  of  the  estimate'-  ]. 
The  provisional  deposit  made  in  order  to  take  part  in  the  public  bidding 
may  form  part  of  this  guaranty,  exchanging  the  receipt  for  another 
stating  that  it  is  devoted  to  this  new  object. 

ART.  4.  The  contractor  shall  have  the  right  to  the  monthly  payment 
of  the  amount  of  the  work  which  he  may  be  constructing,  in  accord- 
ance with  the  certificate  of  the  Engineer.  If  from  the  date  of  one  of 
these  documents  more  than  one  month  shall  pass,  without  payment 
being  made,  toward  the  end  of  said  month  the  contractor  shall  be 
credited  with  1  per  cent  per  month  on  the  amount  earned,  which  he 
shall  have  collected.  (When  the  works  are  of  little  importance,  two 
or  three  dates  may  be  fixed  for  the  payment  to  be  made  to  the  con- 
tractor, always  granting  him  the  right  of  collecting  interest  in  case  of 
delayed  payments.) 

ART.  5.  If  the  contractor  should  fail  to  carry  out  any  of  the  pro- 
visions of  Articles  10,  12,  13,  15,  16,  18,  and  22  of  the  list  of  general 
conditions,  or  if  he  proceeds  with  evident  bad  faith  in  the  execution  of 


78 

the  works,  the  Direction  of  Local  Administration,  in  accord  with  the 

General  Inspection,  may  impose  fines  of  from to crowns  (escu- 

dos),  the  amount  of  which  shall  be  deducted  from  the  first  certificate 
which  shall  thereafter  be  granted,  it  being  understood  that  all  claims  by 
reason  of  these  rulings  are  renounced  in  advance,  as  well  as  ordinary 
local  rights  or  appeal  to  special  privilege.  Date  and  signature. 

NOTES. 

First.  If  property  belonging  to  public  works  are  to  be  sold,  the 
administrative  conditions  shall  be  reduced  to  the  designation  of  the 
time  in  which  the  selling  price  shall  be  paid,  and  a  statement  that  if 
the  contractor  should  fail  to  carry  out  his  agreement  he  shall  lose  the 
provisional  deposit,  and  also  that  the  expenses  of  the  bidding  shall  be 
for  his  account. 

Second.  If  because  of  the  slight  importance  of  technical  conditions 
arranged  according  to  the  formulae,  there  should  be  added  to  the 
administrative  conditions  an  article  fixing  the  times  in  which  payment 
shall  begin  and  end,  and  another  statement  which  shall  provide  that 
the  execution  shall  be  according  to  the  directions  of  the  expert  agent 
or  the  commission  charged  with  the  supervision. 

Third.  In  no  case  shall  there  be  established  the  obligation  to  pay 
advances  to  the  contractor,  not  even  when  guaranty  is  given  for  this 
purpose,  nor  shall  distinct  guaranties  from  those  provided  in  Article  3 
be  declared  admissible. 

Madrid,  March  27, 1869. 

L.  DE  AYALA. 

FORMS. 

NUMBER  1. 
ADVERTISEMENT. 

By  virtue  of  the  direction  of  (here  the  name  of  the  proper  Authority 

and  the  date  of  the  order  for  the  lidding),  the day  ot at 

o'clock  has  been  determined  on  for  the  award  by  public  bidding  (here 
the  work  or  service  which  is  to  be  contracted  for  or  the  property  which 
shall  be  sold),  the  value  of  which,  according  to  an  estimate  (or  appraisal 

in  case  of  sale)  approved  on  of ,  amounts  to crowns 

and milesimas.  The  public  bidding  shall  be  carried  on  in  accord- 
ance with  the  Instructions  in  force  March  27,  1869,  at  (here  the  point 
or  place  where  it  is  to  be  carried  on),  and  there  must  be  shown  in  (such 
place)  all  the  documents  which  shall  bear  on  the  contract,  for'the  infor- 
mation of  the  public.  The  proposals  shall  be  exactly  according  to  the 
annexed  form,  and  shall  be  presented  in  sealed  documents  and  admitted 
only  during  the  first  half  hour  of  the  proceedings.  The  proposals 
shall  contain  the  document  that  there  has  been  deposited,  as  a  provi- 
sional guaranty  in  order  to  participate  in  the  public  bidding,  the  sum 
of crowns  in  coin,  or  its  equivalent  in  the  consolidated  debt  of  the 


79 

State,  at  the  rate  of ,  deposited  for  that  purpose  in  the  General 

Treasury  (if  Municipal  works  are  in  question  there  shall  be  added  "or 
in  the  Depository  of  the  locality").  Propositions  shall  be  of  no  effect 
which  fail  to  comply  with  any  of  these  requisites  and  those  which  are 
greater  in  amount  than  that  of  the  estimate  (or  if  sales  are  in  question 
there  shall  be  stated  "or  may  be  less  than  the  appraisal").  "  On  begin- 
ning the  proceedings  of  the  public  sale  the  said  Instructions  shall  be 
read ;  in  case  that  there  is  an  oral  bidding  because  of  equality,  the  low- 
est bid  admissible  shall  be crowns.  Date  and  signature  of  the 

Authority  who  may  preside  at  the  public  sale. 

NUMBER  2. 

FORM  OF  PROPOSAL. 

Mr. ,  resident  of ,  having  knowledge  of  the  advertise- 
ment published  by  (here  the  name  of  the  proper  Authority]  on  (such  a 
date),  of  the  Instructions  of  the  public  bidding  of of  the  requi- 
sites demanded  for  the  award  in  public  sale  of  (here  the  work  or  service 
which  is  to  be  contracted  for  or  the  property  to  be  sold)  and  of  all  the 
obligations  and  rights  stated  in  the  documents  which  shall  form  part  of 
the  contract,  agrees  to  take  in  his  charge  this  work  (or  service  or  prop- 
erty) for  the  sum  of  (here  the  value  written  out).  Date  and  signature. 
The  envelope  of  the  proposal  shall  have  this  heading:  Proposal  for  the 
nward  of  (such  service,  work,  or  property). 

NUMBER  3. 
MEMORANDUM  OF  PUBLIC  BIDDING. 

At  (such  a  place)  on  (such  a  date)  convened  in  (such  a  building)  the 
gentlemen  who  compose  the  Board  of  Public  Bidding  for  the  service  of 
Public  Works  for  the  purpose  of  awarding  (here  the  works,  services,  or 
property)  advertised  on  (such  a  date))  the  proceedings  were  begun  at  the 
given  hour,  and  thereafter  all  the  formalities  provided  for  by  the  Instruc- 
tions in  force  in were  complied  with.  After  the  first  half  hour,1 

and  after  opening  (so  many)  bids  presented,  the  bidding  was  continued 
in  numerical  order.  The  first  contained  a  proposal  subscribed  by  Mr. 

,  at  the  rate  of crowns;  the  second,  another  by  Mr. . 

at  the  rate  of ,  etc.  All  the  (or  such)  proposals  were  found  admis- 
sible, being  in  conformity  with  the  form  and  accompanied  by  the  proper 

documents  of  provisional  guaranty,  and  bid  number ,  subscribed 

by  Mr. ,  at  the  rate  of crowns  was  declared  the  most  advan- 
tageous.2 The  certificates  of  deposit  of  the  rest  were  returned  to  the 

1  If  there  should  not  be  any  bidders,  it  will  end  thus :  "And  no  bid  whatever  having 
been  presented,  the  proposed  public  sale  was  considered  ended  and  the  present  mem- 
orandum was  drawn,  signed  by  all  the  members  of  the  Board.     Date  and  signatures." 
If  explanations  shall  have  been  demanded,  this  shall  also  appear. 

2  In  case  of  oral  bidding,  because  of  the  equality  of  the  written  proposals,  the  last 
offers  of  each  one  of  the  bidders  shall  appear. 


80 

respective  bidders,  adding  the  former  to  the  proceedings,  together  with 
all  the  proposals  and  their  envelopes;  and  the  present  memorandum 
was  made  and  signed  by  all  the  members  of  the  Board.  Date  and 
signatures. 

REMARKS  CONCERNING  INSTRUMENTS  CONSTITUTING  CONTRACTS. 

The  instruments  constituting  contracts  granted  in  consequence  of 
the  award  of  any  service  or  of  property  of  Public  Works,  shall  be  made 
with  the  heading,  the  beginning  and  the  ending,  and  with  the  formali- 
ties prescribed  by  existing  legislation.  The  body  of  the  document  shall 
be  composed  of  a  copy  of  the  order  of  award,  a  copy  of  the  receipt  or 
document  which  shows  that  the  proper  guaranty  has  been  given,  and 
a  clause  which  provides  that  u  the  contractor  obliges  himself  to  the 
exact  fulfillment  of  the  contract,  according  to  the  provisions  of  the 
general  conditions  of  December  25,  1867,  of  the  technical  conditions 

approved  on  ,  and  of  the  administrative  conditions  approved 

on ,  and  has  written  his  assent  on  these  last  two  documents,  and 

on  the  estimate  and  plans."  In  order  to  draft  the  instrument,  the 
Clerk  shall  examine  the  record  of  proceedings  after  the  indicated 
requisites  have  been  fulfilled.  When,  because  of  the  small  importance 
of  the  service,  no  plans  or  articles  of  technical  conditions  have  been 
made,  reference  to  these  documents  shall  be  omitted  from  the  preceding 
clause. 


ARTICLES  OF  GENERAL  CONDITIONS 


FOR  THE 


CONTRACTING  OF  PUBLIC  WORKS  IN  PUERTO  RICO. 


21690 6  81 


BUREAU  OF  PUBLIC  WORKS,  CIVIL  CONSTRUCTIONS,  FORESTS,  AND 

MINES. 

ARTICLES  OF  CONDITIONS  AND  FORMULAE  FOR  PUBLIC  WORKS. 

His  Excellency  the  Colonial  Secretary  communicates  to  this  General 
Government,  under  date  of  the  27th  ultimo,  the  following  order,  num- 
ber 255: 

YOUR  EXCELLENCY  :  The  application  to  the  projects  and  construction  of  the  works 
which  may  be  therein  executed  of  the  new  articles  of  general  conditions  for  the 
contracting  of  the  same,  approved  by  Royal  Decree  of  the  Secretary  of  the  Interior 
of  June  11,  1886,  and  of  the  formulae  for  the  drafting  of  projects  of  highroads  in  the 
part  applicable,  approved  by  Royal  Orders  of  June  26  and  of  August  24  of  the  same 
year,  in  force  in  the  Peninsula,  the  application  of  which  is  proposed  to  public  works 
of  the  Philippines  by  the  Consulting  Board  of  Roads,  Canals,  and  Ports,  being  con- 
venient and  beneficial  for  the  better  service  of  public  work  in  this  Island;  in 
conformity  with  said  proposal,  the  King  (whom  God  preserve),  and  in  his  name  the 
Queen  Regent  of  the  Realm,  has  been  pleased  to  order  that  the  articles  of  general 
conditions  for  the  contracting  of  said  works  and  the  formulae  for  the  drafting  of 
projects  of  highroads,  approved  by  the  Royal  Orders  above  cited,  be  extended  to 
this  Island  and  to  public  works  of  all  kinds  which  may  be  projected  or  constructed 
in  the  future ;  for  which  purpose  there  are  sent  to  Your  Excellency  the  annexed  eight 
copies  of  said  documents,  destined  for  the  Offices  of  Public  Works  of  that  Province. 

And  its  execution  being  resolved  upon  by  His  Excellency  the  Gov- 
ernor-General, under  date  of  the  23d  instant,  his  superior  order  is  pub- 
lished in  this  official  newspaper  for  general  information,  as  well  as  the 
articles  of  conditions  mentioned.  The  Municipal  Councils  and  indi- 
viduals who  may  need  the  formulae  may  acquire  them  in  the  manner 
which  may  be  deemed  most  convenient,  since  in  the  future  projects  of 
all  kinds  which  are  drawn  in  the  Island  must  be  in  accordance  with 
the  same. 

Puerto  Kico,  May  29, 1888. 

ANGEL  VASCONI, 
Secretary  pro  tempore  of  tlie  General  Government. 

The  document  referred  to  is  as  follows : 

DEPARTMENT  OF  PUBLIC  WORKS. 

MADAM:  The  administrative  system  which  generally  controls  in  the 
execution  of  public  works  in  our  country  is  that  by  contract;  on  very 
rare  occasions  the  Government  has  directly  carried  them  out  by  means 
of  its  agents. 

But  the  contract  should  follow,  and  in  fact  has  followed,  very  differ- 
ent principles.  It  is  most  natural,  without  doubt,  to  adjust  a  fixed  sum 

83 


84 

for  the  work,  stipulated  beforehand,  without  taking  into  account  for 
the  payment  either  the  actual  construction  or  the  means  employed  in 
the  construction.  This  system,  ordinarily  designated  by  the  name  of 
the  system  of  determined  amounts,  is  extremely  simple  and  expeditious 
for  the  Administration;  it  is  very  generally  used  in  England;  it  is 
nearly  imperative  in  the  United  States,  where  the  engineers  of  the  con- 
tractor draw  the  project  of  the  work  which  is  to  be  executed,  and  there 
are  many  supporters  of  it  in  Spain.  Probably  it  will  be  the  one  adopted 
in  the  future  more  or  less  remote. 

This  system  demands,  as  a  first  and  inevitable  condition,  that  the 
work  which  is  the  object  of  the  contract  shall  be  perfectly  and  com- 
pletely defined  in  its  situation,  form  and  dimensions,  composition  aud 
class  of  materials;  and  further,  that  all  modifications  in  the  project 
may  be  excluded,  whatever  may  be  the  causes  which  might  suggest 
them  or  the  advantages  which  might  be  obtained  thereby.  When  the 
works  have  been  begun,  all  change  from  what  has  been  agreed  on  con- 
stitutes in  fact  a  novation  of  the  contract,  which  in  most  instances 
necessitates  the  rescission  of  the  one  already  entered  into,  disturbing 
the  construction  of  the  works,  and  giving  the  contractor  the  right  to 
ask  for  payment  of  the  damages  occasioned. 

it  is  just  the  nonobservance  of  these  two  conditions,  inherent  in  this 
system  of  determined  amounts,  which  discredited  it  and  caused  its 
abandonment  in  the  trial  which  was  made  of  it  in  our  country  in  the 
first  half  of  the  present  century.  At  that  time  contracts  were  made 
concerning  the  construction  of  highroads,  paying  a  fixed  sum  for  every 
linear  unit  constructed,  but  without  defining,  either  in  the  plans  or  in 
the  rest  of  the  documents  of  the  contract,  the  work  which  the  con- 
tractor obligated  himself  to  carry  out.  It  is  easily  understood  that  in 
rough  ground  a  slight  deviation  of  the  line  of  the  center  of  the  high- 
road might  under  such  conditions  ruin  or  enrich  the  contractor  of  the 
works. 

A  reaction  was  natural,  and  being  exaggerated  the  system  was 
adopted  which  is  to-day  in  force,  but  complicating  it  with  minute 
details,  which  are  the  origin  of  numerous  and  frequent  claims. 

This  system  follows  step  by  step  the  operation  of  the  construction  of 
the  work,  paying  each  one  of  them  separately  at  prices  previously 
agreed  on  and  to  the  amount  in  which  each  has  been  executed.  Thus 
the  bed  of  a  highroad  is  paid  separately  from  the  quarrying  of  the 
stone,  its  transportation,  varying  with  the  distance  of  the  work,  its 
breaking,  its  spreading  or  placing  on  the  bed  of  the  road,  and  lastly, 
its  consolidation  and  the  other  work  which  is  necessary  to  put  the  road- 
bed in  condition  for  travel.  The  excavations  which  are  necessary  to 
form  the  leveling  are  paid  at  special  prices,  according  to  the  different 
nature  of  the  land  excavated,  and  in  the  embankments  the  same  circum- 
stances were  kept  in  mind  and  the  transportation  of  the  earth  with 
which  they  are  formed. 


85 

There  is  nothing  apparently  more  equitable  than  these  prices  in'order 
to  serve  as  the  basis  of  contract.  The  contractor  is  paid  for  the  work 
which  he  actually  executes  and  in  the  very  condition  in  which  it  is 
carried  out;  and,  nevertheless,  nothing  is  more  complicated,  embarrass- 
ing or  difficult  of  application  in  practice.  For  the  very  reason  that  it 
is  necessary  to  follow  all  the  operations  of  the  construction,  fixing  their 
price  and  value  one  by  one,  claims  are  indefinitely  multiplied,  and  the 
different  manners  in  which  the  debated  question  is  understood  by  the 
contractor  and  the  agents  of  the  Administration,  not  always  in  accord 
among  themselves,  gave  rise  to  endless  suits,  and  were  frequently  the 
cause  of  contradictory  orders  of  the  Government  concerning  the  point 
in  dispute. 

It  was  believed  that  the  harm  could  be  corrected,  explaining  certain 
doubtful  questions  for  application  to  future  contracts  and  abandoning 
in  part  the  procedure  of  detailing  and  paying  separately  for  all  the 
operations  of  the  execution  of  the  work.  In  this  manner  the  actual 
system  was  arrived  at  defined  in  the  Articles  of  general  conditions  of 
July  10,  1861,  and  in  the  formulae  for  the  drafting  of  projects  of  high- 
roads, approved  by  the  Royal  Order  of  February  12,  1878.  In  it  the 
classification  of  lands,  before  without  limit,  has  been  reduced  to  five 
groups,  the  price  of  the  embankments  has  been  declared  to  be  unalter- 
able, and  except  in  case  of  the  transportation  of  stone  and  brick,  which 
is  paid  in  accordance  with  the  distance  of  the  points  from  which  it  may 
be  brought,  works  of  all  kinds  executed  by  the  contractor  have  to-day 
an  invariable  price.  The  trouble  has,  in  fact,  been  ameliorated,  but  it 
has  been  impossible  to  cause  it  to  disappear. 

With  this  object  the  subscribing  Secretary  proposed  to  modify  the 
existing  system  of  contracts,  not  replacing  it  by  the  system  of  deter- 
mined amounts,  radically  distinct,  which  might  demand  a  sudden 
change  in  -the  business  of  the  Administration,  an  origin  of  difficulties 
and  embarrassments  in  the  development  of  public  works  which  prudence 
advises  one  to  avoid;  but  preserving  the  principle  which  is  actually  in 
force,  of  paying  the  contractor  for  what  he  really  constructs,  as  appears 
from  the  measurement,  but  previously  assigning  to  each  kind  of  work 
an  invariable  price,  whatever  may  be  the  character  of  the  lands  and  the 
distance  from  which  the  materials  are  brought  or  to  which  they  maybe 
carried,  and  leaving  the  contractor  at  liberty  to  acquire  them  wherever 
might  be  most  advantageous,  and  of  organizing  the  works  in  accord, 
ance  with  his  own  interests  and  not  in  accordance  with  the  proposals 
of  the  Administration.  In  a  word,  instead  of  adjusting  to  a  determined 
amount  the  total  value  of  the  work,  a  fixed  and  invariable  price  is  estab- 
lished for  each  one  of  the  different  kinds  which  may  compose  it,  and 
those  which  actually  have  been  constructed  by  the  contractor  are  paid 
in  accordance  with  these  prices.  By  this  course  whatever  depends  on 
individual  opinion  is  eliminated  from  the  contract,  uprooting  the  great- 
est number  of  claims  and  the  most  doubtful  claims,  at  the  same  time 


86 

simplifying  the  inspection  of  the  Government  and  making  it  more  effect- 
ive, since  it  is  limited  to  the  examination  as  to  whether  the  wOrk  con- 
tracted for  is  constructed  in  strict  accordance  with  the  stipulated 
conditions,  and  to  the  measurement  thereof  after  its  completion.  In 
short,  the  system,  preserving  the  advantageous  principles  of  the  system 
of  determined  amounts,  is  much  more  flexible  than  the  latter,  and  may 
reach  the  same  objects  without  disturbing  the  business  of  an  important 
part  of  the  Administration. 

At  all  events  the  subscribing  Secretary  must  make  it  appear  that  the 
form  which  he  proposes  is  not  an  untried  method  in  Spain  for  the  con- 
tracting for  public  works.  It  is  the  ordinary  method  practiced  by  Com- 
panies and  by  the  Government  itself  in  those  works  which,  because  of 
the  use  to  which  they  are  devoted,  receive  the  name  of  "  civil  construc- 
tions;" and  in  reality  the  reform  is  nothing  more  than  the  rigorous 
application  in  every  particular  of  the  principle  which  has  served  to 
draft  the  actual  formulae  of  the  projects  of  highroads.  It  is  exactly  for 
this  reason  that  the  new  articles  of  general  conditions  of  the  present 
decree  may  also  serve  for  contracts  made  under  the  system  now  in 
force,  only  adding  in  the  articles  of  technical  conditions  an  article 
referring  to  the  classification  of  the  lands  and  another  to  the  payment 
of  the  transportation. 

But  the  greatest  modification  which  the  new  system  of  contracts 
introduces  into  the  construction  of  the  works  is  that  of  going  over  the 
plan  on  the  ground  before  the  public  biddings.  Up  to  the  present 
time,  when  the  project  of  the  work  was  once  approved,  the  Government 
announced  the  award  at  public  sale,  and  before  the  contract  was  exe- 
cuted the  plans  were  gone  over  on  the  ground  and  the  condemnation  of 
the  lands  was  made.  It  was  then  that  the  advantages  and  the  errors 
of  the  project  appeared,  and  with  them  the  delays  and  difficulties  in 
the  progress  of  the  works,  the  claims  of  the  contractor,  and  the  neces- 
sity of  making  additional  appropriations  which  extended  the  time  of 
termination  and  which  increased  the  calculated  cost  of  the  work. 
With  such  a  system  it  is  impossible  to  have  a  good  Administration, 
because  the  Government  should  know  beforehand,  with  sufficient  approx- 
imation and  within  reasonable  limits,  the  amount  of  the  works  which 
it  undertakes,  all  these  considerations  being  of  such  gravity  that  they 
are  sufficient  to  impose  the  going  over  of  the  plans  on  the  ground 
previously,  even  in  contracts  which  are  executed  under  the  system  now 
in  force. 

In  the  one  proposed  in  the  present  decree  the  defects  and  errors  of 
the  project  can  not  have  such  important  consequences.  There  is  no 
obligation  contracted  by  the  Administration,  and  the  latter  is  at  com- 
plete liberty  to  correct  or  perfect  the  project  at  the  time  and  in  the 
manner  which  it  deems  most  convenient,  advertising  and  contracting 
for  the  execution  of  the  work  after  it  has  been  fixed  and  when  the 
ground  has  been  determined  on  and  its  value  estimated  as  approxi- 
mately as  possible. 


87 

Another  reform,  although  less  important  than  that  of  previously 
going  over  the  plan  on  the  ground,  must  also  be  specially  mentioned. 
The  cases  of  force  majeure,  as  they  are  defined  in  the  articles  of  condi- 
tions of  1861  and  in  the  TCegulations  of  June  17, 1868,  are  the  source 
of  continual  claims  and  of  interminable  proceedings,  which  impede  the 
business  of  the  Administration  and  prevent  the  progress  of  the  works, 
and  which  can  not  be  resolved  by  general  rule  with  the  assurance  of 
absolute  certainty.  It  is  necessary  to  determine  with  exactness  the 
magnitude  and  importance  of  a  passing  event  which  does  not  leave 
behind  it  other  visible  marks  than  the  damages  which  it  occasions,  and 
which  must  be  described  many  months  after  it  has  occurred,  and  by 
means  of  the  declaration  of  witnesses,  who,  while  they  may  be  com- 
petent because  they  know  the  facts,  are  not  ordinarily  so,  in  order  to 
appreciate  the  details ;  and  it  is  just  in  such  cases  in  the  majority  of 
instances  that  the  declaration  of  force  majeure  is  founded.  It  is  well 
known,  on  the  other  hand,  how  weakly  public  interests  are  defended 
in  investigations  of  this  kind  when  opposed  to  private  interests,  and 
experience  of  this  kind  proves  it,  it  being  very  rare  that  the  proceed- 
ings of  such  investigation  do  not  result  in  declaring  the  propriety  of 
the  claims  of  the  contractor. 

The  complication  of  the  system  and  the  irregularity  in  the  decision 
disappear  if  the  declaration  of  force  majeure  is  made  to  depend,  not  so 
much  on  the  magnitude  or  the  fact  of  the  occurrence  as  on  its  nature. 
In  this  manner  the  number  of  the  proceedings  is  considerably  reduced, 
and  the  necessity  for  investigation  is  avoided,  because  cases  of  public 
notoriety  are  in  question ;  and  if  any  circumstances  should  demand  it, 
the  investigation  shall  be  concerning  the  occurrence  of  the  accident 
and  its  extent  or  reality.  Of  course,  in  this  manner  the  contractor  may 
be  charged  with  damages  which  were  actually  suffered  by  the  Adminis- 
tration ;  but  this  is  the  hazardous  part  of  the  contract,  and  those  who  go 
to  the  bidding  shall  be  careful  to  ascertain  if,  given  the  conditions  in 
which  the  work  is  to  be  executed,  the  prices  of  its  various  parts  and 
that  part  of  the  expenses  which  may  be  unforeseen  in  the  estimate  are 
sufficient  to  cover  that  possibility. 

In  this  manner  an  important  novelty  is  proposed,  which  the  sub- 
scribing Secretary  has  already  had  the  satisfaction  of  introducing  in 
the  articles  of  particular  conditions  which  were  made  in  the  public  bid- 
ding for  the  construction  of  the  building  for  the  School  of  Mines;  it  is 
the  insurance  of  the  lives  of  the  workmen,  at  the  expense  of  the  con- 
tractor, who  may  have  to  labor  on  the  work  thus  publicly  sold. 

This  novelty,  already  known  and  used  by  some  of  the  more  advanced 
nations  of  the  world,  is  demanded  by  transcendental  conditions  of  a 
social  character,  now  more  than  ever  worthy  of  being  attended  to  by 
every  thoughtful  Government;  and  it  is  also  imposed  by  the  duties 
incumbent  on  the  Administration  of  granting  to  the  less  educated 
classes  reasonable  protection,  which,  without  injuring  the  rights  of 


88 

others,  protects  them,  cooperating  with  the  efficacy  of  the  law,  which 
also  individually  protects  them. 

Lastly,  a  few  other  slight  alterations  have  been  introduced,  contained 
in  orders  not  in  force,  suggested  both  for  the  purpose  of  clearing  up 
doubtful  questions  and  for  establishing  rules  and  precepts,  the  neces- 
sity of  which  has  been  demonstrated  by  practice. 

Aside  from  all  these  changes,  the  order  of  the  articles  of  1861  has 
been  preserved,  as  also  as  many  provisions  thereof  as  are  compatible 
with  the  new  system,  so  as  not  to  change,  except  in  that  which  is  abso- 
lutely indispensable,  a  document  which  has  already  been  in  force  for 
twenty-five  years  in  the  contracting  for  public  works,  and  which  is  no 
more  than  the  amplification  of  what  was  approved  in  the  year  1846. 

Based  on  the  foregoing  considerations,  and  in  accordance  in  all  essen- 
tial points  with  the  report  of  the  Consulting  Board  of  Roads,  Canals, 
and  Ports,  the  undersigned  Secretary  has  the  honor  of  submitting,  for 
the  approval  of  Your  Majesty,  the  following  plan  of  articles  of  general 
conditions  for  the  contracting  for  public  works. 

Madrid,  June  11, 1866. 

Madam:  At  the  Royal  Feet  of  Your  Majesty. 

EUGKENIO  MONTERO  Rios. 

ROYAL  DECREE. 

On  the  proposal  of  the  Secretary  of  Public  Works,  in  accord  with  the 
Council  of  Ministers,  in  the  name  of  my  August  Son,  the  King  Don 
Alfonso  XIII,  and  as  Queen  Regent  of  the  Realm, 

I  hereby  decree  the  following: 

ARTICLE  1.  The  following  articles  of  general  conditions  for  the  con- 
tracting for  public  works  are  hereby  approved. 

ART.  2.  Their  provisions  shall  begin  to  be  observed  in  the  contracts 
which  from  the  date  of  this  decree  may  be  entered  into  by  the  Admin- 
istration. 

ART.  3.  The  articlos  of  general  conditions  for  the  contracting  for 
public  works  of  June  10,  1861,  and  all  other  conditions  which  are  in 
conflict  with  the  articles  which  are  approved  by  this  decree  for  new 
contracts,  are  hereby  repealed. 

Given  at  the  Palace  on  the  llth  of  June,  1886. 

MARIA  CRISTINA. 
EUGENIO  MONTERO  Rios, 

Secretary  of  Public  Works. 


ARTICLES  OF  GENERAL  CONDITIONS  FOR  THE  CONTRACTING 
FOR  PUBLIC  WORKS. 


CHAPTER  I. 
General  Provisions. 

ARTICLE  1.  Contractors  of  public  works  maybe  Spaniards  or  for- 
eigners who  are  possessed  of  civil  rights,  in  accordance  with  the  laws 
of  their  respective  nationality,  and  partnerships  and  companies  legally 
constituted  or  recognized  in  Spain.  There  are  excepted — 

First.  Those  who  have  been  criminally  prosecuted,  if  any  of  them 
shall  have  been  condemned  to  prison ; 

Second.  Those  who  have  failed  in  business,  either  by  suspending 
payments  or  having  their  property  attached;  and 

Third.  Those  who  are  shown  to  be  debtors  to  the  public  funds  in  the 
capacity  of  taxpayers. 

ART.  2.  The  person  to  whom  the  execution  of  a  work  or  service  for 
the  same  has  been  awarded  shall  deposit  as  a  guaranty  the  amount 
prescribed  by  the  articles  of  particular  conditions  which  may  have 
served  as  the  basis  for  the  award.  This  deposit  shall  be  made  in  the 
place  and  within  the  time  designated  by  the  said  articles  of  condition. 

ART.  3.  The  time  fixed  in  the  previous  article  shall  not  exceed  thirty 
days,  and  within  it  there  shall  be  presented  by  the  person  to  whom  the 
contract  is  awarded  the  receipt  which  shows  that  he  has  effected  the 
guaranty  referred  to  in  the  same  article.  In  case  of  failure  to  do  so, 
there  shall,  without  any  further  proceedings,  be  a  declaration  of  the 
invalidity  of  the  award,  and  the  person  to  whom  the  award  was  made 
shall  forfeit  the  provisional  deposit  which  may  have  been  made  in  order 
to  take  part  in  the  public  bids. 

ART.  4.  Every  contract  for  the  execution  of  public  works  shall  be 
made  by  a  public  instrument,  which  shall  contain  the  beginning  and 
the  ending  and  the  forms  prescribed  by  existing  legislation. 

The  body  of  the  said  instrument  shall  consist  of:  So  much  of  the 
memorandum  of  bidding  as  refers  to  the  proposal  at  the  public  sale,  or 
rather  the  one  which  is  declared  the  most  advantageous;  the  order  of 
award;  an  exact  copy  of  the  receipt  referred  to  in  the  preceding  article, 
and  the  addition  of  a  clause  or  condition  stating  in  absolute  terms  that 
the  contractor  obligates  himself  for  the  exact  fulfillment  of  the  con- 


90 

tract,  in  conformity  with  the  provisions  of  these  articles  of  general 
conditions,  of  the  particular  conditions,  of  the  technical  conditions  of 
the  project,  and  of  the  plans  and  estimate.  Previously  to  the  execu- 
tion of  the  instrument  the  contractor  shall  have  signed,  at  the  foot  of 
said  articles  of  particular  and  technical  conditions  and  of  the  plans 
and  of  the  estimate,  his  agreement  thereto. 

ART.  5.  The  contractor  has  the  right  to  obtain  copies,  at  his  own 
cost,  of  the  plans,  estimate,  and  articles  of  conditions  of  the  project. 
The  engineers,  if  the  contractor  so  requests,  shall  certify  these  copies 
after  they  have  been  compared. 

ART.  6.  Contractors  are  obligated  to  submit  the  decision  of  all  ques- 
tions arising  with  the  Administration  which  might  affect  their  con- 
tracts, to  the  Administrative  Authorities  and  Tribunals,  in  accordance 
with  the  Law  of  Public  Works,  renouncing  the  rights  of  common  law, 
and  to  the  privileges  of  domicile. 

ART.  7.  These  articles  of  conditions  shall  control  in  all  matters  which 
are  not  modified  by  the  particular  conditions  of  each  contract. 

CHAPTER  II. 

EXECUTION  OF  THE  WORK. 

ART.  8.  The  Engineer,  or  the  person  charged  with  the  inspection  and 
supervision  of  the  works,  shall  go  over  on  the  ground,  in  the  presence 
of  the  contractor,  the  line  and  survey  of  the  same  made  before  the 
public  bidding  or  award,  drawing  a  duplicate  memorandum,  which 
shall  be  signed  by  the  Engineer  and  the  contractor,  showing  that  the 
survey  is  made  in  accordance  with  the  approved  project.  This  shall 
be  accompanied  with  the  plans  and  longitudinal  and  transverse  profiles 
which  may  be  judged  necessary,  in  accordance  with  the  character  and 
circumstances  of  the  laud  and  of  the  work,  also  signed  by  the  Engineer 
and  by  the  contractor.  One  of  these  copies  of  the  memorandum  shall 
be  annexed  to  the  contract  records  and  the  other  shall  be  delivered  to 
the  contractor,  sending  a  copy  thereof  to  the  General  Direction. 

In  case  differences  arise  between  the  project  and  the  comparison 
with  the  survey,  the  memorandum  shall  set  them  forth,  and  they  shall 
also  be  noted  on  the  plans  and  the  proper  profiles,  all  proceedings 
being  suspended  until  the  decision  by  the  superior  Authority,  to  whose 
knowledge  the  matter  shall  immediately  be  brought. 

The  expenses  of  the  comparison  of  the  general  survey,  as  well  as  the 
making  of  partial  comparisons  on  the  ground  demanded  in  the  course 
of  the  work,  shall  be  at  the  expense  of  the  contractor. 

ART.  9.  The  acquisition  of  lands  occupied  by  the  work  is  at  the 
expense  of  the  State,  but  the  contractor  shall  be  obligated  to  pay  its 
value,  for  which  he  shall  be  reimbursed  by  means  of  certificates  issued 
by  the  Chief  Engineer  of  the  province,  with  a  credit  of  1  per  cent  by 
reason  of  the  advance  of  the  money. 


91 

ART.  10.  The  contractor  shall  begin  the  work  within  the  time  set 
forth  in  the  particular  conditions  of  the  contract 5  he  shall  so  carry 
them  on,  that  within  the  various  times  set  forth  therein  the  correspond- 
ing part  shall  be  executed,  and  shall  finish  them  within  the  time  fixed. 
In  the  execution,  so  far  as  the  results  of  the  plans  and  profiles  of  the 
project  or  of  the  survey  which  shall  have  been  officially  authorized  are 
concerned,  the  provisions  of  the  technical  conditions  and  of  the  orders 
or  instructions  given  by  the  Engineer,  or  by  the  subordinates  directly 
charged  with  the  inspection,  shall  be  followed.  The  contractor  may 
demand  that  these  instructions  or  orders  shall  always  be  given ;  and 
this  shall  always  be  necessary  when  the  technical  conditions  or  the 
indications  of  the  plans  are  attempted  to  be  explained,  interpreted,  or 
modified.  The  contractor  shall  have  in  all  cases  right  to  complain 
of  the  directions  given  by  subordinates  to  the  Engineer,  and  of  those 
given  by  the  latter  to  the  Engineer  in  Chief,  who  shall  decide  according 
to  their  judgment  of  what  may  be,  deemed  just  and  proper. 

ART.  11.  If  in  any  case  whatsoever,  independently  of  the  will  of  the 
contractor,  the  latter  can  not  commence  the  works  within  the  time 
fixed,  or  shall  have  to  suspend  them,  an  extension  shall  be  granted  for 
a  time  sufficient  for  the  fulfillment  of  the  contract. 

ART.  12.  From  the  time  the  works  are  begun  until  their  final  accept- 
ance, the  contractor  or  his  duly  authorized  representative  shall  reside 
at  a  place  near  the  works,  and  he  can  not  absent  himself  therefrom 
without  notifying  the  Engineer  and  leaving  a  substitute  to  give  orders, 
make  payments,  continue  the  works,  and  receive  the  orders  which  may 
be  communicated  to  him.  When  this  provision  is  violated,  all  the 
notices  which  are  made  in  the  office  of  the  Alcalde  of  the  town  of  his 
official  residence,  shall  be  considered  valid. 

ART.  13.  The  contractor,  personally  or  by  means  of  his  agents,  shall 
accompany  the  Engineers  in  the  visits  which  the  latter  make  to  the 
works,  whenever  they  may  so  demand.  He  shall  see  to  it,  in  the  same 
manner,  that  the  proprietors  or  cultivators  of  the  neighboring  lands  do 
not  infringe  with  their  labors  on  the  zone  devoted  to  the  execution  of 
the  works,  and  that  they  do  not  deposit  therein  material  of  any  kind, 
immediately  notifying  the  Engineer  of  any  infraction  of  these  rules 
which  may  be  observed. 

ART.  14.  The  contractor  can  not  refuse  to  admit  the  Engineers, 
Assistants,  or  Overseers  in  charge  of  the  inspection  of  the  work,  nor 
demand  that,  on  the  part  of  the  Administration,  other  experts  be 
assigned  for  the  inspection  and  measurements.  If  he  believes  himself 
to  be  prejudiced  by  the  results  of  these  inspections  and  measurements, 
he  shall  proceed  as  indicated  in  Article  10,  giving  the  reasons  of  his 
complaint  and  the  grounds  therefor  to  the  Chief  Engineer,  who  shall 
either  himself  decide,  or  report  to  the  Government;  but  in  neither  case 
shall  the  progress  of  the  works  be  interrupted  or  disturbed  for  this 
reason. 


92 

ART.  15.  The  number  of  laborers  for  the  auxiliary  measures  neces- 
sary for  the  execution  of  the  works  shall  always  be  in  proportion  to  the 
extent  and  nature  of  those  which  have  to  be  executed;  and  in  order 
that  the  Engineers  may  be  sure  of  the  fulfillment  of  this  condition,  the 
contractor  shall  always  give  an  account  thereof  when  it  is  demanded. 

ART.  16.  The  contractor  shall  insure  the  lives  of  the  laborers  against 
all  the  accidents  which  may  result  from  the  work  or  be  connected 
therewith.  Those  of  the  General  Direction  shall  except  those  which 
may  be  declared  to  be  imputable  to  the  injured  laborer  by  reason  of  his 
ignorance,  negligence,  or  temerity. 

The  contractor  shall  make  the  insurance  referred  to  in  the  preceding 
condition  in  the  manner  in  which  he  may  deem  it  convenient  and  under 
his  responsibility,  on  the  basis  that,  in  case  of  the  permanent  injury 
of  the  laborer  or  of  his  death,  the  latter  or  his  family  shall  receive  an 
amount  equal  to  the  pay  for  five  hundred  working  days. 

The  provisions  of  this  condition  govern  in  case  that  the  laborer  or 
his  family  renounces  any  other  action  for  the  payment  of  damages 
or  injuries  which  they  may  have  against  the  contractor. 

ART.  17.  For  the  lack  of  respect  and  obedience  to  the  Engineers 
and  subordinates  in  charge  of  the  inspection  of  the  works,  or  for  con- 
duct which  compromises  or  disturbs  the  progress  of  the  work,  the 
contractor  shall  be  obliged  to  dismiss  his  employees  and  laborers  when 
the  Engineer  so  demands,  without  prejudice  to  complaining  to  the 
Chief  Engineer,  in  case  no  justifiable  reason  for  the  order  is  believed 
to  exist. 

ART.  18.  The  contractor  shall  be  obliged  to  indemnify  property 
owners  for  all  damage  which  may  be  caused  by  the  execution  of  the 
works,  whether  by  the  quarrying,  by  the  removal  of  the  ground  for  the 
building  of  embankments,  or  the  occupation  of  the  land  for  the  for- 
mation of  supports,  and  in  order  to  accommodate  shops  and  materials; 
by  the  working  of  roads  for  their  transportation,  and  by  the  other 
operations  which  may  be  required  in  the  course  of  the  execution  of 
the  work. 

The  contractor  shall  fulfill  the  requisites  prescribed  by  the  pro  vis  ions 
in  force  concerning  this  matter,  unless  an  amicable  arrangement  is  - 
reached  with  the  property  owners  concerning  the  appraisal  and  pay- 
ment of  the  damages  which  may  have  been  caused,  in  which  case 
there  shall  be  exhibited,  whenever  required,  the  agreement  which  may 
have  been  entered  into  between  them. 

ART.  19.  The  contractors  may  take  and  use  the  materials  found  in 
State  lands  or  on  the  commons  of  the  towns,  without  paying  indemnity 
of  any  kind,  but  subject  to  the  police  regulations  which  may  be  estab- 
lished for  this  purpose  by  those  in  charge  of  the  administration  and 
surveillance  of  said  lands,  who  must  be  given  previous  notice,  always 
respecting  and  replacing  existing  servitudes,  as  well  as  adopting  the 
proper  measures  in  order  not  to  disturb  the  free  and  safe  use  of  said 
lands. 


93 

ART.  20.  The  contractor  shall  not,  under  any  pretext  whatsoever, 
construct  any  work  other  than  in  strict  accordance  with  the  project 
which  may  have  served  as  the  basis  for  the  contract;  otherwise  he  shall 
have  no  right  to  payment  for  the  works  executed  in  violation  of  this 
article,  unless  he  proves,  by  presenting  the  written  order  of  the  Engi- 
neer, that  the  latter  has  allowed  him  to  carry  them  out;  in  which  case 
he  shall  be  paid  in  accordance  with  the  prices  of  the  contract. 

ART.  21.  The  contractor  shall  have  permission  to  take  material  of 
all  kinds  from  the  places  that  he  may  deem  convenient,  always  provid- 
ing that  they  fulfill  the  conditions  of  the  contract,  are  perfectly  suit- 
able for  the  object  to  which  they  are  applied,  and  are  employed  in  the 
works  in  conformity  with  the  rules  of  construction. 

ART.  22.  Materials  shall  not  be  employed  until  they  have  been 
examined  and  accepted,  in  the  manner  and  form  prescribed  by  the 
Engineer. 

ART.  23.  When  the  excavations  produce  material  which  is  not  util- 
ized by  the  contractor  in  the  works  of  his  contract  and  which  can  be 
utilized  in  any  other  work  of  the  State,  the  contractor  shall  be  obliged 
to  pile  them  up  at  places  near  the  place  of  extraction  and  in  the  man- 
ner prescribed  by  the  Engineer,  the  expenses  of  the  piling  up  being 
paid  for. 

ART.  24.  When  the  materials  are  not  of  good  quality,  or  are  not  well 
prepared,  the  Engineer  shall  order  the  contractor  to  replace  them  at 
his  own  cost  with  others  conforming  to  the  conditions.  If  he  refuse  to 
do  so  the  Engineer  shall  make  a  statement  of  the  defects  which  they 
may  have  and  shall  send  it  to  the  contractor,  who,  in  his  turn,  shall 
state  the  reasons  existing  for  his  refusal  to  agree  with  the  orders  of 
the  Engineer,  and  the  whole  matter  shall  be  brought  to  the  attention 
of  the  immediate  superior  for  the  determination  which  may  be  deemed 
just. 

If  the  circumstances  or  the  condition  of  the  work  shall  not  permit 
awaiting  this  decision  the  Engineer  shall  have  the  right  to  impose  on 
the  contractor  the  employment  of  the  material  which  he  shall  deem 
best,  in  order  to  avoid  the  damages  which  might  result  from  the  stop- 
page of  the  work,  the  contractor  having  the  right  to  indemnity  for  the 
damages  which  may  have  been  caused  him  in  case  the  superior  Authority 
shall  not  approve  the  decision  made  by  the  Engineer. 

ART.  25.  Until  the  final  acceptance  shall  take  place  the  contractor  is 
alone  responsible  for  the  execution  of  the  works  which  may  have  been 
contracted  for  and  for  the  defects  in  the  same  which  may  be  noted ;  but 
he  shall  not  be  excused  or  have  any  right  whatever  from  the  fact  that 
the  Engineer  or  his  subordinate  shall  have  examined  and  gone  over  the 
work  in  the  course  of  its  construction.  As  a  result,  and  when  the 
Engineers  notice  errors  or  defects  in  the  constructions,  whether  in 
the  course  of  the  execution  or  whether  after  their  conclusion  and  before 
their  final  acceptance,  they  may  order  that  the  defective  parts  be  demol- 


94 

ished  and  reconstructed  by  the  contractor  at  his  own  cost.  If  the  con- 
tractor should  not  deem  this  decision  just,  or  should  refuse  to  demolish 
and  reconstruct  as  ordered,  proceedings  similar  to  those  set  forth  in  the 
preceding  article  shall  be  observed. 

ART.  26.  If  the  Engineer  should  find  good  reasons  to  believe  the 
existence  of  hidden  errors  of  construction  in  the  executed  works,  he 
may  order,  at  any  time  before  the  final  acceptance,  the  demolition  of 
such  as  may  be  necessary  to  ascertain  those  which  are  supposedly 
defective.  The  expenses  of  demolition  and  reconstruction  which  may 
be  occasioned  shall  be  paid  by  the  contractor,  provided  that  the  errors 
really  existed ;  otherwise  they  shall  be  paid  by  the  Administration. 

ART.  27.  There  shall  be  at  the  cost  and  risk  of  the  contractor  the 
scaffolds,  frames,  apparatus,  and  other  auxiliary  means  of  construction, 
observing,  nevertheless,  the  precautions  which  the  Engineer  may  deem 
convenient  to  establish  for  the  greater  safety  of  the  laborers. 

All  the  auxiliary  means  shall  remain  the  property  of  the  contrator  on 
the  conclusion  of  the  works,  providing  the  contrary  is  not  agreed  on  in 
the  particular  conditions,  no  claim  whatsoever  being  founded  on  the 
inefficiency  of  such  means,  or  when  they  shall  be  specified  in  the  esti- 
mate, or  when  they  shall  have  been  separately  stated  in  tbe  estimate, 
or  estimated  all  together. 

ART.  28.  No  inscription  whatever  may  be  placed  on  the  works  with- 
out the  authority  of  the  Government. 

ART.  29.  The  Government  reserves  the  ownership  of  antiquities, 
objects  of  art,  and  mineral  substances  which  may  be  utilized  for  public 
instruction  which  may  be  found  in  the  excavations  or  demolitions.  The 
contractor  shall  be  obliged  to  employ,  in  order  to  extract  them,  all  the 
precautions  suggested  to  him  by  the  Engineer,  with  the  right,  however, 
to  indemnity  for  the  expense  which  this  work  may  occasion  him. 

If  in  the  course  of  the  construction  of  the  work,  or  in  consequence 
thereof,  there  should  appear  on  the  surface  running  water  or  currents 
of  water,  they  shall  also  be  the  property  of  the  Government;  but  the 
contractor  may  have  the  right  to  use  them  in  the  course  of  construction 
and  for  consumption  by  the  laborers  during  the  period  of  his  contract. 

CHAPTER  III. 

ECONOMIC   CONDITIONS. 

ART.  30.  The  contractor  shall  be  paid  for  the  work  actually  executed 
in  accordance  with  the  approved  project  or  the  modifications  introduced 
therein,  or  the  orders  which  may  have  been  communicated  to  him  in 
writing,  providing  that  the  technical  conditions  are  always  carried  out, 
in  accordance  with  which  the  measurement  and  valuation  of  the  vaii- 
ous  units  shall  be  made.  Consequently  the  amount  of  each  kind  of 
work  provided  for  in  the  estimate  shall  not  serve  as  the  basis  for  the 
establishment  of  any  kind  of  claim,  except  as  expressed  in  Article  49. 


95 

ART.  31.  When  the  contractor  shall  voluntarily  employ,  with  the 
authorization  of  the  Engineer,  materials  of  greater  dimensions  than 
those  set  forth  by  the  particular  conditions,  he  shall  only  have  a 
right  to  payment  for  the  work  which  results  from  the  cubic  measure- 
ment made  in  accordance  with  the  project,  applying  the  prices  of  the 
contract.  If  the  dimensions  should  be  less,  and  nevertheless  declared 
admissible,  the  payment  shall  be  made  according  to  the  results  of  the 
cubic  measurement. 

The  payment  shall  be  made  by  reason  of  the  augmentation  of  dimen- 
sions of  materials,  whenever  the  Engineer  may  have  in  writing  so 
ordered  the  contractor  to  use  them. 

ART.  32.  The  amounts  calculated  for  accessory  work,  although 
appearing  in  a  single  amount  in  the  general  estimate,  shall  not  be  paid 
except  at  the  prices  and  under  the  conditions  of  the  contract,  in  accord- 
ance with  the  particular  projects  which  may  have  been  drawn  there- 
for, or  in  default  of  such,  in  accordance  with  the  results  of  the  final 
measurement. 

In  the  same  manner  the  extraction  of  rubbish  and  fragments  which 
might  result  during  the  period  of  guarantee  shall  be  paid  for. 

ART.  33.  There  shall  be  paid  absolutely,  but  with  the  reduction  made 
on  the  bidding,  the  determined  amounts  set  forth  in  the  estimate  for 
auxiliary  means  of  the  execution  and  for  the  drainage,  as  well  as  for 
the  indemnity  for  loss  and  damage  occasioned  by  transit,  use  of  provi- 
sional rates,  alteration  of  drains  and  similar  works  which  do  not  form 
an  integral  part  of  the  contract. 

In  the  same  way,  the  determined  amounts  for  the  preservation  of  the 
earthworks  and  constructions,  and  the  work  done  by  manual  labor 
necessary  for  the  preservation  of  the  bed  of  the  highroads,  shall  be 
paid  for,  whenever  the  time  during  which  the  preservation  is  charged 
to  the  contractor  shall  be  fixed  in  the  conditions.  Whenever  it  is 
reduced,  a  proportionate  deduction  shall  be  made,  and  whenever  it  is 
augmented  without  fault  of  the  contractor,  there  shall  be  paid,  besides, 
a  proportionate  part  for  the  excessive  time. 

In  cases  in  which  all  or  part  of  the  preceding  amounts  do  not  appear 
in  the  estimate,  it  shall  be  understood  that  the  expenses  occasioned  by 
those  operations  shall  be  included  in  the  prices  of  the  units  of  work 
provided  by  the  estimate. 

ART.  34.  The  payments  shall  be  made  at  the  times  fixed  by  the  par- 
ticular conditions  of  the  contract,  by  means  of  warrants  issued  by  vir- 
tue of  the  certificates  of  work  given  by  the  Engineer.  The  warrants 
or  their  amounts  shall  be  necessarily  delivered  to  the  contractor  in 
whose  favor  the  award  of  the  bid  of  the  works  has  been  made  or  to  a 
person  legally  authorized  by  him,  and  never  to  any  other  person, 
although  warrants  or  letters  requisitorial  be  issued  by  any  Authority 
or  Court  for  their  retention,  since  public  funds  devoted  to  the  payment 
of  laborers  or  for  their  security  are  in  question,  and  not  obligations  of 


96 

private  interest  to  the  contractor.  Only  the  balance  which  may  remain 
after  the  final  acceptance  of  the  work  in  accordance  with  the  condi- 
tions and  the  guaranty,  if  it  should  not  necessarily  have  to  be  retained 
for  the  fulfillment  of  the  contract,  shall  be  subject  to  the  attachment 
decree  by  said  Authorities  or  Courts. 

ART.  35.  Certificates  of  work  shall  be  given  at  the  times  fixed  in  the 
articles  of  economic  conditions  of  the  contract,  having  the  character 
of  provisional  documents  of  account,  subject  to  the  corrections  and 
modifications  which  may  result  from  the  final  liquidation. 

In  order  to  make  these  certificates  the  elemental  prices  which  have 
served  as  the  basis  of  calculating  the  average  price  of  each  unit  of 
work  shall  be  applied,  bearing  in  mind  the  reduction  which  may  have 
been  the  result  of  the  public  bidding,  the  Engineer  having  the  power, 
on  granting  the  certificates,  to  deduct  as  much  as  20  per  cent  of  the 
amount  of  the  valuation  thus  made  whenever  special  and  justifiable 
circumstances,  which  must  be  set  forth,  advise  the  making  of  this 
reduction. 

ART.  36.  The  certificates  shall  include  three-quarters  of  the  value  of 
the  materials  when  shall  have  been  actually  used  in  the  work,  accord- 
ing to  their  valuation  made  by  the  Engineer,  keeping  in  mind  this 
payment  in  order  to  deduct  it  from  the  total  amount  of  the  works  con- 
structed with  such  materials. 

ART.  37.  Whenever  drainage  may  be  necessary  which,  because  of 
the  circumstances,  is  not  at  the  expense  of  the  contractor,  the  latter 
shall  be  obliged  to  pay  the  expenses  of  all  kinds  which  may  be  occa- 
sioned, which  shall  be  repaid  to  him  by  the  Administration  apart  from 
the  contract.  For  this  purpose  payment  shall  be  made  in  the  presence 
of  a  person  designated  by  the  Engineer,  who  shall  draw  the  lists,  which, 
attached  to  the  receipts,  shall  serve  as  vouchers  for  the  accounts,  which 
shall  be  stamped  with  the  approval  of  the  Engineer. 

Besides  the  monthly  repayment  of  these  expenses  to  the  contractor,  he 
shall  be  paid  1  per  cent  of  their  amount  as  interest  on  the  money  which 
he  has  advanced  and  remuneration  for  the  work  and  labor  which  he 
may  have  had  to  perform. 

ART.  38.  If  the  Government  should  not  make  payment  for  the  exe- 
cuted work  within  the  two  months  following  that  in  which  the  certifi- 
cates were  given  by  the  Engineer,  the  contractor  shall  be  paid,  from 
the  day  on  which  said  period  of  two  months  terminated,  interest  at  the 
rate  of  6  per  cent  annually  on  the  amount  of  said  certificates. 

If  two  additional  months  have  passed  without  the  payment  having 
been  made,  the  contractor  shall  have  a  right  to  the  rescission  of  the 
contract,  the  effects  thereof  being  those  stated  in  Article  54,  and  the 
corresponding  liquidation  of  the  executed  works  and  materials  used 
shall  follow.  The  petition  for  the  rescission  of  the  contract  based  on 
this  delay  in  payments  shall  not  be  acted  on  unless  the  contractor 
proves  that  at  the  time  of  his  statement  he  has  invested  in  the  works 


97 

and  in  the  materials  furnished  the  part  of  the  estimate  corresponding 
to  the  time  of  execution  which  may  have  been  fixed  by  the  contract, 
and  shall  prove  that  at  the  proper  time  he  has  taken  the  necessary 
steps  to  collect  the  amount  of  the  warrants  issued  in  his  favor  without 
having  succeeded  in  doing  so. 

ART.  39.  In  no  case  may  the  contractor  alleging  delay  in  payments 
suspend  the  works  nor  reduce  them  to  a  lower  scale  than  that  which 
proportionately  is  proper  according  to  the  time  at  which  they  are  to  be 
finished.  When  this  happens,  the  Administration  may  carry  out  the 
provisions  of  Articles  55  and  56. 

ART.  40.  The  contractor  shall  have  no  right  to  indemnity  by  reason 
of  losses,  damage,  or  injuries  occasioned  to  the  works,  except  in  cases 
of  force  majeure.  For  the  purposes  of  this  article,  the  following  only 
shall  be  considered  as  such : 

First.  Destruction  by  fire  caused  by  electricity  in  the  atmosphere. 

Second.  Damages  produced  by  earthquakes. 

Third.  Those  resulting  from  the  movements  of  the  land  on  which  the 
works  are  constructed;  and, 

Fourth.  Destruction  occasioned  by  violence  with  armed  hand,  in  times 
of  war,  public  sedition,  or  robbery  by  mobs. 

In  order  to  claim  and  obtain  in  a  proper  case  the  payment  of  the 
damages,  the  contractor  shall  follow  the  provisions  of  Articles  2,  3,  4 
and  5  of  the  Eegulations  of  June  17, 1868. 

ART.  41.  The  contractor  may  not,  under  any  pretext  or  error  or 
omission,  claim  an  increase  in  the  prices  fixed  "by  the  general  terms 
accompanying  the  estimate. 

Neither  shall  any  claim  whatsoever  be  admitted  which  is  founded  on 
statements  made  in  the  memorial  concerning  the  works,  their  prices, 
and  the  other  details  of  the  project,  alleging  that  such  document  is  not 
the  one  which  serves  as  the  basis  for  the  contract.  The  material  errors 
which  the  estimate  may  contain,  either  by  reason  of  variation  in  prices 
differing  from  those  of  the  list,  or  from  error  in  the  amounts  of  the 
work  or  its  value,  shall  be  corrected  at  any  time  they  maybe  observed, 
but  shall  not  be  taken  into  account  for  the  purposes  indicated  by  Article 
49  except  when  a  claim  may  have  been  established  thereon  within  the 
period  of  four  months,  counting  from  the  day  of  the  award. 

The  material  errors  shall  not  change  the  proportional  reduction  made 
in  the  contract  in  connection  with  the  amount  which  in  the  estimate 
has  served  as  the  basis  for  the  same,  but  it  shall  always  be  fixed  accord- 
ing to  the  relation  between  the  amounts  of  said  estimate  (before  the 
corrections)  and  the  amount  offered. 

ART.  42.  In  no  case  may  the  contractor  allege  uses  and  customs  of 
the  country  concerning  the  application  of  prices  or  measurement  of  the 
works,  when  in  conflict  to  the  present  articles  of  conditions  or  to  the 
particular  ones  of  the  contract. 
21690 7 


98 
CHAPTER  IV. 

MODIFICATIONS   OF   THE  PROJECT. 

ART.  43.  If,  before  the  granting  of  the  works  or  during  their  con- 
struction, the  Administration  should  resolve  to  execute  on  its  own 
account  part  of  those  included  in  the  contract,  or  should  decide  to 
introduce  into  the  project  modifications  which  produce  an  increase  or 
a  reduction  or  even  a  suppression  of  amounts  of  work  provided  for  in 
the  estimate,  or  the  substitution  of  one  class  of  construction  by  another, 
provided  always  that  they  be  of  those  included  in  the  contract,  these 
decisions  shall  be  obligatory  on  the  contractor,  without  the  latter 
having  any  right,  in  case  of  suppression  or  reduction  of  the  works,  to 
claim  any  indemnity  on  account  of  the  pretended  benefits  which  he 
might  have  been  able  to  obtain  on  the  part  of  the  works  reduced  or 
suppressed. 

ART.  44.  If,  in  order  to  carry  out  the  modifications  referred  to  in  the 
preceding  article,  the  Administration  should  deem  it  necessary  to  sus- 
pend the  whole  or  a  part  of  the  works  contracted  for,  the  proper  order 
in  writing  shall  be  sent  to  the  contractor,  and  the  measurement  of  the 
executed  work  shall  be  preceded  with  in  that  part  which  is  included 
in  the  suspension,  a  memorandum  of  the  result  being  drawn. 

ART.  45.  Whenever,  even  when  not  stipulated  in  the  particular  con- 
ditions of  the  contract,  it  may  be  deemed  convenient  to  employ  material 
belonging  to  the  State,  the  contractor  shall  only  be  paid  the  amount  of 
the  transportation  and  of  the  labor  in  accordance  with  the  elemental 
prices;  and,  if  it  should  not  be  contained  in  this  list,  without  any  right 
to  claim  indemnity  of  any  kind,  unless  there  have  already  been  fur- 
nished the  materials  contracted  for.  This  alteration  shall  be  considered 
a  modification  of  the  project  for  the  purposes  of  Article  49. 

ART.  46.  When  it  is  deemed  necessary  to  employ  materials  or  to  exe- 
cute works  which  shall  not  appear  in  the  estimate  of  the  contract,  their 
value  shall  be  appraised  at  the  prices  assigned  to  other  similar  works 
or  materials,  if  there  should  be  any,  and  if  not,  shall  be  discussed  by 
the  Engineer  and  the  contractor,  and  submitted  to  the  superior  Author- 
ity if  an  agreement  should  be  reached. 

The  new  prices,  agreed  on  in  one  way  or  another,  shall  be  subject 
always  to  the  corresponding  reduction  which  may  have  been  obtained 
on  the  public  bidding. 

When  the  employment  of  the  materials  or  the  execution  of  the  works 
in  question  shall  be  proceeded  with  without  previous  approval  of  the 
superior  of  the  prices  which  shall  be  applied  to  them,  it  shall  be  under- 
stood that  the  contractor  renounces  his  rights  and  agrees  with  those 
fixed  by  the  Administration. 

When  there  shall  be  no  agreement  as  to  the  fixing  of  these  prices 
between  the  Administration  and  the  contractor,  the  latter  shall  be 
relieved  from  the  construction  of  the  part  of  the  work  in  question  with- 


99 

out  right  to  indemnity  of  any  kind,  being  paid,  nevertheless,  for  the 
materials  which  may  have  been  used  and  which  may  have  remained 
unemployed  by  reason  of  the  change  introduced. 

ART.  47.  When  the  contract  includes  some  works  which  are  of  such 
nature  that,  calculating  by  a  determined  amount  in  the  estimate,  no 
definite  project  can  be  made  by  measurement  because  of  the  circum- 
stances, there  shall  be  applied  to  these  works  the  provisions  determined 
by  Articles  43  and  49  concerning  modifications  of  projects. 

CHAPTER  Y. 

CASES  OF  RESCISSION. 

ART.  48.  In  case  of  the  death  of  the  contractor  the  contract  shall  be 
considered  rescinded,  unless  the  heirs  offer  to  carry  it  out  under  the 
conditions  stipulated  in  the  same.  The  Government  may  accept  or 
refuse  the  offer,  without  giving  to  them  any  right  whatever  to  indemni- 
fication, although  there  shall  be  the  right  for  the  State  to  acquire,  after 
an  appraisement,  the  tools,  utensils,  and  property  used  for  the  works 
which  may  be  indispensable  for  their  termination  (completion). 

ART.  49.  When  the  modifications  which  are  mentioned  in  Articles  43 
and  45  alter  the  estimate  of  the  contract  in  such  a  manner  that  the 
total  amount  shows  a  difference  of  a  fifth,  more  or  less,  the  contractor 
shall  have  the  right  to  rescission  and  to  payment  for  the  materials 
which  he  may  have  on  hand  and  which  remain  unused,  according  to  the 
prices  of  the  special  list.  In  order  to  fix  this  difference  all  the  alter- 
ations introduced  into  the  estimate  shall  be  added,  though  some  be  for 
excess  and  others  for  deficit. 

The  contractor  shall  have  the  same  right  when  alterations  arise  on 
account  of  error  in  the  material  referred  to  in  Article  41,  provided  that 
a  claim  has  been  based  thereon  within  the  time  specified  by  said  article, 
or  when  the  difference  arises  between  the  detailed  estimate  of  the 
works  referred  to  in  Article  47  and  the  agreed  amount  stated  in  the 
general  estimate  of  the  works. 

When  two  or  more  of  the  reasons  stated  in  this  article  appear,  their 
results  may  be  accumulated  in  order  to  serve  as  a  foundation  for  the 
right  of  rescission. 

ART.  50.  When  the  works  can  not  be  begun  because  of  reasons  inde- 
pendent of  the  will  of  the  contractor,  or  when  the  Government  decides 
that  the  works,  after  being  commenced,  shall  cease  or  be  indefinitely 
suspended,  the  contractor  shall  have  the  right  of  rescission;  in  the 
proper  case  there  shall  follow  the  provisional  acceptance  of  the  executed 
works,  and  the  final  acceptance  when  the  term  of  the  guaranty  shall 
have  expired. 

ART.  51.  If  the  time  specified  for  the  execution  of  the  works  shall 
have  arrived  without  the  suspension  referred  to  in  Article  44  having 


100 

been  raised,  the  contractor  shall  have  the  right  of  rescission,  and  there 
shall  immediately  follow  the  provisional  acceptance  of  the  executed 
works,  and  the  final  acceptance  when  the  time  of  guaranty  shall  have 
expired.  The  same  right  is  conceded  when  the  suspension  lasts  more 
than  one  year,  provided  that  the  value  of  the  work  referred  to  shall  be 
more  than  one-fourth  of  the  total  of  the  contract. 

ART.  52.  If,  during  the  execution  of  the  works,  prices  should  rise 
very  considerably,  the  contract  may  be  rescinded  on  the  petition  of  the 
contractor,  provided  that  the  proceedings  instituted  for  this  purpose 
shall  prove,  first,  that  the  rise  has  taken  place  since  the  time  when  the 
public  bids  were  had,  not  since  the  drafting  of  the  project ;  second,  that 
it  is  not  owing  to  the  execution  of  the  works  referred  to  in  the  contract, 
but  to  others  which  may  have  been  subsequently  undertaken,  or  to  a 
general  unforeseen  cause ;  third ,  that  it  is  not  produced  by  circumstances 
of  a  temporary  character,  as  agricultural  or  other  similar  works.  A 
very  considerable  rise  in  prices  is  understood  to  be  such  as,  applied  to 
the  execution  of  the  works  which  remain  to  be  executed,  shall  produce 
an  amount  greater  than  a  quarter  of  the  total  amount  of  the  contract. 

ART.  53.  In  case  that,  by  reason  of  a  rise  in  prices,  the  contractor 
should  claim  rescission,  the  work  shall  not  be  suspended  on  that 
account. 

After  three  months  have  elapsed  and  the  Government  shall  not  have 
decided  concerning  the  claim,  the  contract  shall  be  considered  rescinded 
in  fact,  and  there  shall  follow  the  liquidation  of  the  works  executed  up 
to  that  time  according  to  the  prices  of  the  same,  without  any  increase 
or  payment  of  any  kind  by  way  of  indemnity  for  damages. 

ART.  54.  Whenever,  for  the  reasons  stated  in  Articles  38,  50,  and  51, 
the  contract  is  rescinded,  the  tools  and  utensils  indispensable  for  the 
completion  of  the  works,  the  employment  of  which  shall  have  been 
previously  authorized  by  the  Engineer,  and  which  the  contractor  does 
not  care  to  retain,  shall  be  taken  by  the  Government  after  the  price 
has  been  agreed  upon,  amicable  or  by  experts,  without  increase  of  any 
kind  under  the  pretext  of  benefits  to  be  derived,  or  for  any  other 
reason  whatsoever;  it  being  understood  that  this  payment  shall  only 
take  place  when  the  amount  of  the  works  completed  up  to  the  time  of 
rescission  does  not  reach  two-thirds  of  the  amount  contracted  for,  when 
works  of  port  or  similar  works  are  in  question,  or  to  four-fifths  in  case 
of  highroads  and  works  of  similar  character. 

The  materials  collected  and  on  the  ground  of  the  works,  if  they  are 
actually  received  and  are  for  application  for  the  completion  of  the 
works,  shall  also  be  taken  for  account  of  the  Administration  at  the 
prices  fixed  by  the  special  list  for  this  purpose;  and  if  they  should  not 
be  included  in  it,  they  shall  be  fixed  after  hearing  both  parties. 

The  materials  which,  collected  under  the  same  circumstances,  shall 
be  situated  away  from  the  works  shall  also  be  taken  from  the  con- 
tractor, provided  that  they  be  transported  to  the  works  within  the 


101  V-' 

period  of  one  month,  unless  the  Administration  j^fefejrcf  tir :rfc<ieav6  them 
at  the  place  in  which  they  happen  to  be. 

The  contractor  shall  also  be  given  an  indemnity,  determined  by  the 
Government  after  hearing  the  Council  of  State,  which  shall  never  exceed 
3  per  cent  of  the  value  of  the  works  which  remain  to  be  executed. 

ART.  55.  In  the  special  technical  conditions  of  each  contract  the 
development  of  the  works  shall  be  fixed,  reasonable  times  being  stated 
for  the  progress  of  the  works  during  the  course  of  the  entire  construction 
of  the  same. 

These  times  shall  be  obligatory  on  the  contractor,  and  if  there  should 
be  reason  for  believing  that  within  any  one  of  them  the  corresponding 
development  of  the  works  can  not  take  place,  the  expert  Director  shall 
give  due  notice  in  writing  to  the  contractor,  also  making  such  rulings 
as  shall  be  conducive  to  the  punctual  fulfillment  of  the  contract. 

If,  in  spite  of  this,  the  time  fixed  shall  have  elapsed  and  the  con- 
tractor shall  not  have  constructed  the  corresponding  works,  the  contract 
shall  be  rescinded. 

ART.  56.  In  the  case  prescribed  in  the  previous  article,  and  when 
once  the  rescission  of  the  contract  has  been  decided  on,  it  is  under- 
stood that  the  guaranty  is  forfeited,  and  that  the  contractor  shall  not 
have  any  claim  whatsoever,  nor  any  other  right  than  to  the  payment 
of  the  works  constructed  and  accepted. 

Only  when  the  retardation  of  the  works  shall  be  shown  to  have  been 
produced  by  unavoidable  causes,  and  when  the  agreement  is  offered  to 
be  carried  out  on  the  extension  of  the  time  which  may  be  designated, 
may  the  Administration,  if  it  deems  it  convenient,  concede  such  exten- 
sion as  may  appear  reasonable. 

ART.  57.  When  the  rescission  of  a  contract  takes  place  because  of 
one  of  the  reasons  stated  in  Articles  49,  52,  and  53,  the  contractor  shall 
have  no  right  to  claim  an  indemnity  of  any  kind,  nor  to  require  the 
Administration  to  purchase  the  utensils  and  tools  used  for  the  works. 

CHAPTER  YI. 

MEASUREMENT,  ACCEPTANCE    OF    THE  WORKS,   AND  FINAL  LIQUIDA- 
TION. 

ART.  58.  The  partial  measurements  shall  be  made  at  the  times  fixed 
in  the  articles  of  economic  conditions  of  the  contract,  after  citing  the 
contractor,  if  the  latter  should  desire  to  be  present.  As  provisional 
documents,  they  shall  be  subject  to  the  corrections^  which  may  result 
from  the  final  measurement,  for  which  purpose  approval  or  acceptance 
of  the  works  referred  shall  not  be  presumed. 

ART.  59.  On  the  completion  of  the  works  their  provisional  accept- 
ance by  the  Engineer,  whom  the  General  Direction  may  designate,  shall 
immediately  take  place,  and  with  the  necessary  presence  of  the  con- 
tractor or  his  duly  authorized  representative.  If  after  being  expressly 


.1       1 

"  >„•>       «  %    A  r  • 

required  to  ^ap^earf  t£e  contactor  should  not  be  present,  or  should 
renounce  this  right  in  writing,  agreeing  beforehand  with  the  result  of 
the  operation,  the  Chief  Engineer  of  the  province  shall  ask  the  Gov- 
ernor to  make  a  new  demand  on  the  contractor;  and  if  he  should  again 
be  absent  said  Authority  shall  appoint,  at  the  cost  of  the  contractor, 
an  official  representative. 

The  result  of  the  acceptance  shall  be  stated  in  the  form  of  a  memo- 
randum, signed  by  all  those  present,  and  shall  be  sent  to  the  General 
Direction. 

If  the  works  should  be  found  to  be  in  good  state  and  in  accordance 
with  the  conditions,  they  shall  be  provisionally  accepted  and  turned 
over  to  public  use,  the  period  of  the  guaranty  beginning  to  run,  as  also 
that  of  the  preservation  fixed  in  the  particular  conditions,  at  the  cost 
of  the  contractor. 

ART.  60.  When  the  works  have  been  provisionally  accepted,  there 
shall  immediately  follow  the  general  and  definite  measurement,  with 
the  necessary  presence  of  the  contractor  or  his  representative,  named 
by  him  or  officially,  as  provided  in  the  previous  article. 

The  plans  and  profiles  of  the  survey  shall  serve  as  the  basis  of  the 
measurement  of  the  plottings,  which  shall  be  drawn  with  the  measure- 
ments taken  from  the  work  and  also  the  form  and  disposition  in  which 
the  superficial  part  of  the  ground  shall  remain,  in  order  to  deduct  the 
number  of  cubic  meters  of  cuts  and  embankments  which  the  contractor 
has  executed. 

All  works  of  construction  shall  be  measured  where  they  shall  be 
visible,  and  in  places  where  they  are  not  visible  the  dimensions  desig- 
nated in  the  plans  and  profiles  which  shall  necessarily  have  been  made 
in  the  course  of  construction  shall  be  adopted,  and  they  shall  be  signed 
by  the  Engineer  and  by  the  contractor. 

The  volume  of  the  foundation  shall  be  determined  by  means  of  a 
shaft  opened  at  the  place  designated  by  the  Engineer. 

Accessory  works  shall  be  measured  in  a  manner  similar  to  that 
employed  in  the  measurement  of  the  principal  part  of  the  works. 

ART.  61.  The  valuation  of  the  works  executed  by  the  contractor  shall 
be  made,  applying  to  the  result  of  the  general  measurement  and  of  the 
cubic  measurements  the  prices  which  for  each  unit  of  the  work  are  pro- 
vided for  in  the  estimate,  and  further  keeping  in  mind  the  provisions 
of  Articles  30,  31,  32,  and  33  of  these  conditions.  The  total  amount 
shall  be  increased  by  such  a  per  cent  of  the  estimate  of  the  contract, 
and  the  reduction  made  on  the  bidding  shall  be  applied  proportionally; 
from  the  result  the  amount  paid  on  certificate  shall  be  deducted. 

The  liquidation  shall  be  drawn  in  accordance  with  the  formulae  and 
instructions  in  force,  and,  with  all  the  facts  and  copies  of  plans  and 
profiles,  shall  be  sent  to  the  contractor  with  permission  to  retain  the 
same  for  a  period  of  thirty  days,  in  order  that  he  may  examine  them 
and  return  them  with  his  agreement  or  his  observations. 


103 

If  because  of  the  importance  of  the  work,  or  because  of  the  kind  or 
number  of  the  documents,  the  contractor  should  not  deem  that  time  suf- 
ficient for  examination,  he  shall  so  state,  suggesting  the  time  that  is 
necessary,  and  the  Chief  Engineer,  if  there  should  not  be  any  incon- 
venience, shall  decide  whether  the  extension  of  time  shall  be  granted 
or  not  and  also  its  duration. 

When  the  time  or  the  extension  has  expired  and  the  contractor  shall 
not  have  made  his  observations,  it  will  be  presumed  that  he  agrees  with 
the  liquidation,  which  in  such  case,  as  also  in  the  case  where  he  replies, 
shall  be  sent,  with  the  report  of  the  Chief  Engineer,  to  the  General 
Direction  for  the  decision  which  may  be  proper. 

ART.  62.  During  the  period  of  guaranty  the  contractor  shall  take 
care  of  the  preservation  and  the  policing  of  the  works,  employing  in 
them  the  materials  in  accordance  with  the  instructions  given  by  the 
Engineer.  If  the  preservation  should  be  neglected,  and  if  the  order  of 
the  Engineer  should  be  disobeyed,  resulting  in  the  imperilment  of  transit 
or  public  use  of  the  work,  the  necessary  works  to  avoid  the  damage 
shall  be  carried  out  by  the  Administration  at  the  cost  of  the  contractor. 

ART.  63.  When  the  period  of  guaranty  has  terminated,  the  final 
acceptance  of  the  work  shall  follow  in  accordance  with  the  formalities 
specified  in  Article  59  for  provisional  acceptance,  and  if  the  works  shall 
appear  in  a  perfect  state  of  preservation,  receipts  therefor  shall  be  given 
and  the  contractor  shall  be  relieved  from  all  responsibility. 

If  the  works  should  not  be  in  good  condition,  this  shall  be  made  to 
appear  in  the  memorandum;  the  Chief  Engineer  shall  give  the  con- 
tractor precise  and  detailed  instructions  to  remedy  the  defects  which 
may  have  been  observed,  and  shall  fix  the  time  within  which  to  do  so, 
making  a  new  inspection  of  the  works  on  the  termination  thereof  and 
an  acceptance  of  the  works.  If  the  contractor  should  not  fulfill  these 
orders,  the  contract  shall  be  declared  rescinded,  with  the  forfeiture  of 
the  guarantee. 

ART.  64.  When  the  final  acceptance  has  been  made,  the  liquidation 
of  the  executed  works  and  the  labor  performed  during  the  time  of  the 
guaranty,  shall  be  made,  in  accordance  with  the  provisions  of  the  esti- 
mate, of  the  particular  conditions  of  the  contract,  and  of  the  second 
paragraph  of  Article  33  of  the  present  conditions. 

ART.  65.  When  the  final  liquidation  has  been  approved,  the  guaranty 
shall  be  returned  to  the  contractor,  after  he  shall  have  shown,  by  means 
of  certificates  of  the  Alcaldes  of  the  municipal  districts  within  which 
the  works  may  have  been  executed,  that  there  does  not  exist  against 
him  any  claim  whatever  for  loss  or  damages  for  which  he  may  be 
responsible,  or  for  debts  to  workmen,  or  for  materials,  and  for  the  insur- 
ance of  the  laborers;  and  also  show  payment  of  the  industrial  tax  cor- 
responding to  his  contract. 

ART.  66.  If  the  Government  shall  believe  it  to  be  convenient  to 
make  partial  acceptances,  a  contractor  shall  not  for  this  reason  hav.e 


104 

the  right  to  ask  that  there  be  returned  to  him  a  proportional  part  of 
the  guaranty,  although  he  shall  be  free  from  all  responsibility  in  con- 
nection with  the  works  accepted  j  but  the  guaranty  shall  remain  intact 
until  the  completion  of  all  the  works,  in  order  that  it  may  be  responsi- 
ble for  the  fulfillment  of  the  contract,  as  is  provided  for  by  the  preced- 
ing article. 

Madrid,  June  11,  1886. 

Approved  by  His  Majesty. 

EUGENIC  MONTERO  Bios. 


REGULATIONS 

FOR  THE 

PAYMENT  OF  FEES  TO  THE  TECHNICAL  PERSONNEL 

OF  PUBLIC  WORKS,  MINES,  FORESTS, 

AND  TELEGRAPHS 


OF   THE 


ISLAND   OF  PUERTO   RICO. 


105 


REGULATIONS 

FOR  THE 


PAYMENT  OF  FEES  TO  THE  TECHNICAL  PERSONNEL  OF  PUBLIC 

WORKS,  MINES,  FORESTS,  AND  TELEGRAPHS 

OF  THE  ISLAND  OF  PUERTO  RICO. 


CHAPTER  I. 

AMOUNT   OF   THE  FEES. 

In  the  Service  of  the  State. 

ARTICLE  1.  The  technical  officials  in  the  service  of  the  State  in 
the  branches  of  Public  Works,  Mines,  Forests,  and  Telegraphs  of  the 
Island  of  Puerto  Eico  shall  earn,  as  a  reimbursement  for  the  expenses 
which  may  be  occasioned  them  by  the  duties  of  their  office  away  from 
their  ordinary  residence,  the  fees  which,  for  each  class  into  which  this 
service  may  be  divided,  are  fixed  for  this  purpose  by  the  present  Regu- 
lations, subject  to  the  rules  therein  established. 

ART.  2.  For  the  purposes  of  the  present  Regulations  the  service 
•shall  be  classified  as: 

Ordinary  service. 

Extraordinary  service. 

Service  in  temporary  residence. 

Transfers. 

Ordinary  service  shall  include : 

In  Public  Works:  Inspections  of  works  to  be  kept  in  good  order  and 
repair. 

In  Mines:  Inspections  of  State  and  private  mines,  and  the  inspec- 
tion of  the  police  and  security  of  mining  works  of  all  kinds. 

In  Forests:  Inspections  of  forests  for  the  formation  of  plans  for  their 
use. 

In  Telegraphs:  Visits  of  inspection. 

Extraordinary  service  shall  include — 

In  Public  Works:  Inspections  of  new  works  and  the  labors  in  the 
field  for  projects  and  preliminary  projects,  travels,  inspections, measure- 
ments, comparisons,  and  survey  of  the  projects,  the  taking  of  data  as 
a  basis  for  condemnation  proceedings,  hydrological  studies,  and  other 
similar  labors. 

107 


108 

In  Mines:  Inspections,  demarcations,  and  surveys  and  geological 
studies. 

In  Forests:  Projects,  inspections,  and  construction  of  new  lines. 

By  service  in  temporary  residence  is  understood  that  rendered  by 
officers  referred  to  in  these  Regulations  in  the  following  cases : 

First.  When  by  superior  order  they  are  engaged  in  drawing  some 
project  in  the  locality  in  which  they  may  have  taken  the  data  for  the 
same. 

Second.  When  they  have  charge  of  the  direction  or  supervision  of 
isolated  works  distant  from  town  and  when  they  reside  at  the  works. 

Third.  When  they  have  charge  of  important  constructions  and  their 
presence  is  necessary  at  the  works  at  specified  times. 

By  transfers  shall  be  understood  those  which  are  made  for  the  con- 
venience of  the  service,  and  by  superior  or.der,  from  one  place  to  another 
of  the  Island  for  the  change  of  ordinary  residence,  which  for  each  case 
is  assigned  to  the  officials  by  the  provisions  in  force  concerning  this 
matter  in  each  branch. 

ART.  3.  For  the  collection  of  the  fees  fixed  by  these  Regulations  by 
the  officials  referred  to,  the  latter  shall  be  considered  classified  in  five 
categories. 

There  shall  belong  to  the  first  category: 

In  Public  Works,  Mines,  and  Forests :  The  Chief  Engineers  of  first 
and  second  classes. 

There  shall  belong  to  the  second  category: 

In  Public  Works,  Mines,  and  Forests:  First  and  second  Engineers. 

In  Telegraphs :  The  Directors  of  the  first  and  second  classes. 

There  shall  belong  to  the  third  category : 

In  Public  Works,  Mines,  and  Forests :  The  first  and  second  Assistants. 

In  Mines :  The  expert  Assistants  of  first  and  second  classes. 

In  Telegraphs :  The  Chiefs  and  Officers  of  the  stations  and  the  Offi- 
cers of  the  sections. 

There  shall  belong  to  the  fourth  category: 

In  Public  Works  and  Forests :  The  third  and  fourth  Assistants. 

In  Mines:  The  expert  Assistants  of  third  and  fourth  classes. 

In  Telegraphs :  The  first  and  second  telegraph  operators. 

There  shall  belong  to  the  fifth  category: 

In  Public  Works :  The  Overseers. 

In  Telegraphs :  The  Candidates. 

ART.  4.  The  fees  in  ordinary  service  shall  consist  of  two  parts — one 
quota  for  personal  expense  for  each  day  employed  away  from  ordinary 
residence  and  the  other  quota  for  each  kilometer  traveled. 

In  extraordinary  service  the  payment  shall  be  the  expense  of  the  trip 
going  to  and  coming  from  the  points  in  which  the  service  is  to  be  ren- 
dered, and  in  addition,  a  personal  quota  for  each  day  employed  in 
carrying  out  the  duties  away  from  the  ordinary  residence. 

In  the  same  manner  the  expenses  occasioned  by  the  service  in  tempo- 
rary residence  and  in  transfers  shall  be  paid. 


109 


ART.  5.  The  amounts  of  the  fees  for  each  category  and  class  of  service 
shall  be  the  following: 


Categories. 

Ordinary  service 
(quota). 

Extraordi- 
nary 
service. 

Temporary 
residence. 

Transfers. 

By  day  of 
service. 

By  kilome- 
ter 
traveled. 

By  day  of 
service. 

By  day  of 
service. 

By  day  of 
service. 

First  *  .           .             

Pesos. 
7.50 
5.00 
2.00 
1.50 
1.00 

Pesos. 
0.25 
.20 
.10 
.10 
.05 

Pesos. 
12.50 
10.00 
4.00 
3.00 
2.00 

Pesos. 
7.50 
5.00 
2.00 
1.50 
1.00 

Pesos. 
12.50 
10.00 
4.00 
3.00 
2.00 

Third    

Fourth 

Fifth 

In  the  extraordinary  service,  in  the  service  of  temporary  residence, 
and  in  the  transfers  traveling  expenses  shall  be  paid,  allowing  a  first- 
class  passage  to  the  first  and  second  category,  a  second  class  for  the 
third  and  fourth  categories,  and  a  third  class  for  the  fifth  category. 

In  case  there  shall  not  be  any  existing  means  of  transportation,  the 
traveling  expenses  shall  be  paid  according  to  the  kilometric  quota  fixed 
for  ordinary  service. 

ART.  6.  The  Government,  on  the  proposal  of  the  Governor-General, 
in  accord  with  the  Chief  of  the  respective  service,  may  fix  special  fees 
for  those  services  in  which  extraordinary  circumstances,  properly 
proved,  shall  demand  it. 

These  fees  shall  be  fixed,  keeping  in  mind  the  circumstances  of  the 
service  and  the  category  of  the  commissioner,  and  shall  be  collected, 
charged  to  the  item  in  the  budget  corresponding  to  the  nature  of  the 
service. 

ART.  7.  Special  services  are  understood,  for  the  purpose  of  the  pay- 
ment of  the  fees  referred  to  in  the  preceding  article,  to  be: 

Commissions  abroad.  All  those  which  are  not  expressly  included 
among  those  actually  designated  in  the  present  Regulations,  and  which 
by  their  exceptional  circumstances  can  not  be  classified. 

SERVICES  OF   CORPORATIONS  AND  INDIVIDUALS. 

ART.  8.  When  by  the  Superior  Authority  of  the  Island  there  is 
ordered  any  report,  appraisal,  comparison,  or  investigation  relative  to 
provincial,  municipal,  or  private  services,  the  officials  charged  with 
these  labors  shall  receive  for  those  rendered  away  from  their  residence 
the  fees  fixed  by  Article  5  for  extraordinary  service. 

ART.  9.  In  official  service  of  Corporations  and  individuals  there  shall 
not  be  received  any  fee  whatsoever  for  office  work. 

ART.  10.  Expert  officials  in  the  service  of  the  State  who,  after  the 
proper  authorization,  render  services  or  do  work  for  provincial  and 
municipal  Corporations  which  do  not  oblige  them  to  leave  the  place  of 
their  residence,  may  receive  therefor  a  fixed  fee,  determined  by  the 


110 

Governor-General,  on  the  proposal  of  the  President  of  the  Corporation 
and  the  report  of  the  Chief  of  the  respective  service. 

ART.  11.  The  members  of  the  expert  personnel  of  Public  Works, 
Mines,  Forests,  and  Telegraphs  who  shall  pass  to  the  exclusive  service 
of  Corporations  or  individuals,  shall  receive  from  either  the  salary  and 
the  fees  established  by  the  existing  provisions,  if  there  should  be  any, 
when  there  shall  be  no  mutual  agreement  made  therefor. 

CHAPTER  II. 

RULES  FOR   THE   APPLICATION   OF   THE  AMOUNTS. 

ART.  12.  The  kilometric  fee  shall  not  be  paid  if  the  distance  from 
the  residence  to  the  place  where  the  works  are  to  be  executed  shall  be 
less  than  4  kilometers,  for  officials  of  the  first  four  categories,  and  6 
kilometers,  for  those  of  the  fifth. 

The  quota  for  personal  expenses  shall  not  be  paid  when  the  distance 
from  the  point  where  the  works  are  to  be  executed  or  to  the  residence 
of  the  expert  agents  shall  be  less  than  4  kilometers,  whatever  may  be 
their  category. 

ART.  13.  When  on  the  same  trip  ordinary  and  extraordinary  services 
are  rendered,  there  shall  only  be  collected  for  each  day  the  fees  for  one 
of  the  classes  of  service,  even  though  in  the  statement  referred  to  by 
Article  20  both  services  shall  be  made  to  appear. 

ART.  14.  The  Chief  of  service  who  by  superior  order  is  carrying  out 
a  part  of  this  service,  may  choose  the  fee  corresponding  to  one  of  the 
two  offices,  but  they  shall  never  accumulate. 

ART.  15.  Every  individual  who  performs  the  duties  of  a  category 
superior  to  his  own  shall  receive  for  the  service  rendered  the  corre- 
sponding fee,  after  a  declaration  of  the  Authority  with  whom  the  Chiefs 
of  the  service  are  in  direct  communication,  and  of  the  latter  for  the 
employees  of  the  subordinate  personnel. 

ART.  16.  In  order  that  temporary  residence  may  confer  the  right  to 
the  corresponding  fee,  it  is  an  indispensable  requisite  that  it  must 
have  been  previously  declared  by  the  Superior  Authority  of  the  Island 
on  the  proposal  of  the  Chief  of  the  respective  service. 

The  drafting  of  a  project  in  a  locality  in  which  the  data  for  the  same 
shall  have  been  taken  shall  be  understood  to  be  the  formation  of  rough 
drafts  of  plans  which  may  serve  as  the  basis  for  the  correction  of  the 
data  taken  in  the  field. 

The  last  of  the  three  cases  specified  in  Article  2,  in  order  to  earn  the 
temporary  residence  fee,  refers  to  that  in  which  part  of  the  service 
requires  the  permanency  of  the  officer  charged  therewith  at  the  place 
of  execution,  as  might  happen  in  public  works,  in  the  building  of  a 
bridge,  during  the  construction  of  the  foundations. 

In  these  cases  the  temporary  residence  fees  shall  be  received  only 
during  the  period  in  which  that  part  of  the  service  referred  to  is  being 
performed,  with  the  condition  of  permanency  above  indicated. 


Ill 

ART.  17.  The  fees  for  transfers  shall  be  paid,  supposing  that  the 
transfer  shall  take  place  by  means  of  the  most  rapid  and  direct 
transportation. 

This  fee  shall  not  be  paid  when  the  transfer  is  made  at  the  request 
of  the  interested  party. 

CHAPTER  III. 

GENERAL  PROVISIONS. 

ART.  18.  All  officers  of  the  branches  of  Public  Works,  Mines,  For- 
ests, and  Telegraphs  shall  keep  a  diary  of  operations,  in  which  shall 
appear  the  days  employed  and  the  visits  or  any  other  works  which  they 
may  execute,  observations  which  they  may  have  made,  orders  which 
they  may  have  given,  and  whatever  circumstances  are  worthy  of  being 
noted. 

The  diary  of  operations  of  all  the  officers  shall  be  inspected  by  their 
immediate  Chiefs,  who  shall  state  on  the  first  page  the  number  of  folios 
contained  in  the  book,  and  shall  rubricate  each  one  of  the  pages. 

All  officials  during  their  visits  shall  note  in  the  diaries  of  their  sub- 
ordinates the  orders  and  instructions  comftmnicated  to  them,  stating  in 
default  thereof  their  agreement  with  the  remarks  and  notes  contained 
in  the  diary. 

ART.  19.  Every  officer  of  those  included  in  the  present  Eegulations 
is  obliged  to  report  to  his  immediate  Chief  when  he  leaves  for  visits  of 
ordinary  service,  as  well  as  when  he  returns. 

In  extraordinary  service  they  shall  also  periodically  make  a  report  of 
the  progress  of  the  works  in  their  charge. 

ART.  20.  The  economic  proof  of  the  fees  shall  be  made  by  means  of 
monthly  statements,  in  accordance  with  the  form  accompanying  these 
Eegulations. 

On  the  back  of  each  statement  of  fees  shall  be  inserted  an  extract 
from  that  part  of  the  diary  of  operations  mentioned  in  Article  28,  which 
embraces  the  period  referred  to  by  the  statement. 

ART.  21.  The  payment  of  fees  for  service  of  the  State  shall  be  made, 
charged  to  the  credits  designated  in  the  chapters  and  articles  of  the 
budget  to  which  the  expense  corresponds,  and  in  accordance  with  the 
provisions  in  force  concerning  these  matters  in  each  branch,  and  also 
with  the  general  conditions  of  Auditing. 

The  provincial  and  municipal  Corporations  shall  pay  those  that  are 
proper  in  accordance  with  the  existing  provisions  or  those  that  for  each 
case  may  be  adopted  by  the  competent  Authority. 

ART.  22.  The  fees  earned  by  reason  of  services  in  which  two  or  more 
administrative  entities  are  interested  shall  be  paid,  each  one  of  the 
latter  paying  its  proper  part  in  the  same  relation  as  that  in  which  they 
would  contribute  for  the  other  expenses  occasioned  by  such  service. 

ART.  23.  In  case  the  works  referred  to  in  Article  11  should  have  to 
be  made  by  any  private  person,  the  latter  shall  first  deposit,  where  the 


112 


Authority  shall  determine,  an  amount  sufficient  to  cover  the  probable 
amount  of  the  fees  which  have  to  be  paid. 

ART.  24.  The  Governor-General  of  the  Island  shall  be  charged  with 
deciding  the  doubts  which  might  arise  from  the  application  of  these 
Regulations,  following  the  spirit  of  the  rules  which  are  laid  down  and 
hearing  the  Chief  of  the  respective  service. 

When  a  doubt  has  arisen,  and  the  interested  party  does  not  agree 
with  the  decision  of  the  Governor  General,  he  may  appeal  from  it  to 
the  Colonial  Secretary. 

Madrid,  November  19,  1879. 

Approved  by  His  Majesty. 

ALBACETE. 

Form  of  statement  of  fees  referred  to  in  Article  20  of  these  Regula- 
tions : 


Island  of  Puerto  Rico. 

Service 

Section .    Chapter  — . 


Month  of  — . 

Receipt  No. . 

Article of  the  Budget. 


Statement  of  fees  due 


-,  the  undersigned,  for  service  rendered  in  the  month  indicated. 


Classes  and 
numbers. 

Service  ren- 
'    dered. 

Kilometers 
traveled. 

Days  em- 
ployed. 

Proper  fee. 

Remarks. 

For  the  dis- 
tance. 

For  the  days 
employed. 

Total. 

Petos. 

Pesos. 

Pes 

>*. 

This  statement  shows  the  amount  of 
Approved : 

The  Chief  of  the  Service, 

Examined : 

The  immediate  Chief, 


(Date  and  signature.) 


The  interested  Party, 


Puerto  Eico,  December  20, 1879. 

A  true  copy. 

FRANCISCO  FONTANALS  T  MARTINEZ, 

Secretary  of  the  General  Government. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


